I.-A. The following may avail themselves of this special scheme:
1° Any taxable person established on the territory of the European Union carrying out distance selling of goods imported from third territories or countries;
2° Any taxable person, whether or not established on the territory of the European Union, carrying out distance selling of goods imported from territories or third countries and being represented by an intermediary established on the territory of the European Union. A taxable person may not designate more than one intermediary at the same time;
3° Any taxable person established on the territory of a third country with which the European Union has concluded an agreement on mutual assistance similar in scope to Council Directive 2010/24/EU of 16 March 2010 on mutual assistance for the recovery of claims relating to taxes, duties and other measures and Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax and who carries out distance selling of goods imported from that third country.
Where the taxable person avails himself of this special scheme, he must apply it to all his distance selling of goods imported from third territories or third countries.
B.-For the purposes of this scheme, distance selling of goods imported from third territories or third countries covers only goods, with the exception of products subject to excise duty, contained in consignments with an intrinsic value not exceeding €150, or its equivalent in national currency.
C.-For the purposes of this scheme, distance selling of goods imported from third territories or third countries covers only goods, with the exception of products subject to excise duty, contained in consignments with an intrinsic value not exceeding €150, or its equivalent in national currency.
C.-For the purposes of these arrangements, the following are considered to be:
Taxable persons not established in France
1° Taxable person not established in the territory of the European Union means a taxable person who has not established his business in the territory of the European Union and does not have a fixed establishment there;
>Intermediary means a person who has not established his business in the territory of the European Union and does not have a fixed establishment there.
2° Intermediary, a person established on the territory of the European Union designated by the taxable person carrying out distance sales of goods imported from third territories or third countries as the person liable for payment of value added tax and fulfilling the obligations laid down by this special scheme in the name and on behalf of the taxable person ;
This intermediary is accredited by the administration under the conditions mentioned in IV of article 289 A when he is appointed by a taxable person who is not established in the European Union, unless that taxable person is a person fulfilling the conditions mentioned in 1° of I of the same Article 289 A or unless that taxable person is a person established in a State with which the European Union has concluded an agreement on mutual assistance similar in scope to the aforementioned Council Directive 2010/24/EU of 16 March 2010 and Council Regulation (EU) No 904/2010 of 7 October 2010;
3° Member State of consumption, the Member State of arrival of the dispatch or transport of the goods to the purchaser.
D.-For distance sales of goods imported from third territories or third countries for which value added tax is declared under this special scheme, the chargeable event occurs and the tax becomes chargeable at the time of supply. The goods are deemed to have been supplied when payment has been accepted.
II.
II – The taxable person taking advantage of this special scheme, or an intermediary acting on his behalf, shall inform the administration when he commences his activity under this special scheme, ceases it or modifies it in such a way that he no longer fulfils the conditions required to take advantage of this special scheme. This information is communicated electronically. He shall communicate this information and notify the administration of any changes by electronic means in accordance with the procedures laid down by order.
III.
III – A taxable person who takes advantage of this special scheme shall only be identified in France for transactions taxable under this scheme.
>A taxable person who takes advantage of this special scheme shall only be identified in France for transactions taxable under this scheme.
1. The administration shall allocate to the taxable person taking advantage of this special scheme an individual value added tax number for the sole purpose of applying this special scheme and shall inform the taxable person electronically of the identification number allocated to him.
>.
2. The administration shall allocate an individual identification number to an intermediary and shall inform him electronically of the identification number allocated to him.
>.
3. The administration shall allocate to the intermediary, for each taxable person for whom the intermediary is designated, an individual value added tax identification number for the purposes of applying this special scheme.
The value added tax identification number shall be issued by the administration to the intermediary.
The value added tax identification number allocated under 1, 2 and 3 of this III shall only be used for the purposes of this special scheme.
IV.-1. The administration excludes from this special scheme taxable persons identified directly or through an intermediary in the following cases:
a) If the taxable person notifies the administration directly or via his intermediary, as the case may be, that he no longer carries out distance selling of goods imported from third countries or territories;
> b) If the administration can presume that the taxable person is a taxable person identified directly or via his intermediary.
b) If the administration can presume, by other means, that his taxable activities of distance selling of goods imported from third territories or third countries have come to an end;
> c) If the taxable person no longer carries out distance selling of goods imported from third territories or third countries.
c) If the taxable person no longer fulfils the conditions required to qualify for this special scheme;
> d) If, on a systematic basis, the taxable person no longer fulfils the conditions required to qualify for this special scheme.
d) If the taxable person systematically fails to comply with the rules relating to this special scheme;
> e) If the intermediary informs the taxable person that he has failed to comply with the rules relating to this special scheme.
e) If the intermediary informs the Member State of identification that he no longer represents that taxable person;
2. The administration shall exclude the intermediary from this special scheme in the following cases:
> a) If, for a period of more than one year, the intermediary
a) If, for a period of two consecutive calendar quarters, he has not acted as an intermediary on behalf of a taxable person who avails himself of this special scheme;
b) If he no longer fulfils the other conditions required to act as an intermediary;
> c) If, on a systematic basis, he no longer fulfils the other conditions required to act as an intermediary.
c) if he systematically fails to comply with the rules relating to this special scheme;
The terms and conditions of such exclusions shall be laid down by decree.
V.- For each month, the taxable person taking advantage of this special scheme or his intermediary shall submit a value added tax return by electronic means, whether or not distance sales of goods imported from third territories or third countries have been carried out.
The value added tax return shall be submitted by the taxable person or his intermediary.
The value added tax return includes the value added tax identification number referred to in III and, for each Member State of consumption in which value added tax is due, the total value, excluding value added tax, of distance sales of goods imported from third territories or third countries for which tax became chargeable during the tax period and the total amount of the corresponding tax broken down by tax rate. The applicable rates of value added tax and the total amount of value added tax due must also be shown on the return.
The procedures for this return are laid down in the VAT Code.
The procedures for this declaration are laid down by order of the Minister responsible for the budget.
VI.
VI – Where it is necessary to make changes to the value added tax return after it has been submitted, these changes shall be included in a subsequent return, within three years of the date on which the initial return had to be submitted. This subsequent value added tax return shall specify the Member State of consumption concerned, the taxable period and the amount of value added tax for which the amendments are necessary.
VII.
VII -The value added tax return is drawn up in euros.
VIII -The taxable person who makes a value added tax return is required to provide the following information.
VIII -The taxable person taking advantage of this special scheme or his intermediary shall pay the value added tax, quoting the value added tax return concerned, no later than the expiry of the deadline by which the return must be submitted. Payment is made to a bank account denominated in euros.
IX.
IX.-1. A taxable person who, in another Member State, avails himself of the special scheme provided for in Section 4 of Chapter 6 of Title XII of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax may not, in respect of his taxable activities covered by this special scheme, deduct any amount of value added tax in France. The tax relating to the supply of goods and services covered by this scheme is reimbursed in accordance with the procedures set out in d of V of article 271 of this code.
2. Notwithstanding 1 of this IX, if a taxable person who, in another Member State, avails himself of the special scheme provided for in Section 4 of Chapter 6 of Title XII of the aforementioned Council Directive 2006/112/EC of 28 November 2006 is required to be identified in France for activities not covered by this special scheme, he shall deduct the value added tax relating to the goods and services used for the purposes of his taxable transactions covered by this scheme in accordance with Article 271 of this Code.
X.
X.-The taxable person taking advantage of this special scheme, or the intermediary for each of the taxable persons he represents, keeps a register of transactions covered by this special scheme. This register must, on request, be made available by electronic means to the administration and to the Member State of consumption. It shall be sufficiently detailed to enable the administration of the Member State of consumption to check the accuracy of the value added tax return referred to in V of this article.
This register shall be kept for ten years in the Member State of consumption.
This register will be kept for ten years from 31 December of the year of the transaction.
XI.
XI – For the purposes of these arrangements, the equivalent in national currency of the amount referred to in I is determined annually with effect from 1 January. It is determined on the basis of the conversion rates applicable on the first working day of October of the previous year. The amount converted in this way is rounded off to the nearest euro, where applicable.
The amount converted in this way is rounded off to the nearest euro, where applicable.