VAT Latvia

VAT Latvia 2024

Our VAT services

VAT services are one of our key focus areas, we provide VAT compliance services as well as make complex tax issue examinations.

If you need VAT services in Latvia, for example:

  • you carry out distance selling,  using your own or public digital market place for sale;
  • you provide electronic services – MOSS; or
  • you sell goods/services in Latvia),
  • please feel free to contact us: info@breicis.com or call +371 29274911, or use the form on the right.
 

 

 

Send us the request by clicking below:

A brief description of what we do in relation to VAT is provided below.

How to check a VAT Latvia number or a VAT payer in Latvia?

If your company is carrying out business activities and VAT-taxable supplies with a Latvian company, the first thing you need to check is whether the Latvian company has a valid Latvian VAT number. The most straightforward way to check the Latvian VAT number is to use the links to the VIES validation site or the website of the Latvian State Revenue Service.

However, if you do not know the Latvian VAT number of the company, but have only the company name at your disposal, to find out the Latvian VAT number, you can visit commercial information sites, such as firmas.lv or lursoft.lv which publish the information from the Enterprise Registry and State Revenue Service. By entering the company name you will find whether or not the company is registered as a VAT payer and its Latvian VAT number. This service is free of charge.

VAT Latvia compliance

We will help you to find an optimal VAT position for current or planned business activities. Our experienced and well-equipped specialists will assist you with VAT planning and compliance both internationally and locally.

The VAT compliance services typically include:

  • VAT registration and de-registration
  • preparation and submission of the VAT monthly, quarterly and annual VAT returns
  • seeking a ruling or opinion of the State Revenue Service or Ministry of Finance with respect to VAT matters
  • VAT day-to-day consultancy.

VAT Latvia consultations and planning

Whereas the tax laws are becoming more demanding, the planning of business involves more in-depth knowledge of the tax laws and practices. Our professionals are experienced so they can assist you in navigating through the complex tax and legal matters. Typically, we provide the VAT consulting services for the following:

  • local and international VAT issues
  • application of the VAT in mergers and acquisitions, e.g. sale of shares, the sale of a business as net assets
  • application of VAT for holding companies, e.g. VAT recovery for management services supplied
  • VAT implications of real estate transactions: sale/purchase, refurbishment, construction etc.
  • VAT simplifications on international transactions:
    • consignment/call-off stock
    • triangulation
    • importation in bonded warehouses,
    • distance selling etc.
  • VAT grouping
  • Input VAT deduction
  • application of VAT to financial services
  • VAT litigation
  • Training on VAT issues
  • VAT reviews

Special VAT regimes

There are a few special VAT regimes available, which along with 0% corporate income tax make Latvia an attractive place for business:

  • simplified import regime (applying 0% VAT on importation)
  • VAT Mini one-stop shop (MOSS) regime

We provide assistance in the planning and implementation of the special VAT regimes, as well as, to ensure VAT compliance.

Assistance in VAT audits and litigation

The VAT assessments account for 55% of all the tax assessments made by the State Revenue Service during the tax reviews. The most risky areas of transactions are the adjustment of the recovered input VAT for the purchases from doubtful suppliers and other cases, including real estate transactions, and incorrect application of reduced rates or exemption from the VAT.

Our tax experts offer:

  • assistance in the tax disputes with the State Revenue Service regarding the VAT issues, and
  • appealing the decision of the State Revenue Service and representation in the court.

VAT Latvia refunds

A VAT refund can be claimed by a VAT payer of another EU Member State who is not engaged in business in Latvia for the value=added tax which has been charged on goods acquired in the Republic of Latvia, services supplied and goods imported with the purpose of carrying out the VAT payer’s own taxable transactions in the EU.

We assist in VAT refund as follows:

  • review of the VAT payer’s entitlement for a refund and assistance during the VAT refund process
  • consulting regarding the VAT rules and regulations
  • VAT refund applications and documents
  • liasoning with the Latvian State Revenue Service during the VAT refund process.

VAT reviews

We will carry out the tax examination to find out the errors and omissions related to output and input VAT:

  • recovery of input VAT
  • verification of source documents
  • verification of the VAT returns
  • testing permanent establishment and the fixed establishment
  • application of Latvian and foreign VAT.

VAT Latvia overview

Value-Added Tax (VAT) is a tax payable on consumer spending. Most goods and services supplied in Latvia are subject to VAT. Goods imported into Latvia from outside the European Union (EU) are also subject to VAT.

This manual explains the basic VAT issues:

  • what a VAT payer is
  • what are the VAT-taxable supplies
  • VAT rates
  • VAT payment schemes, etc.

The glossary of VAT terms is provided here.

If you have more in-depth questions or assistance with the VAT compliance in Latvia, please contact us +371 29274911 or e-mail: info@breicis.com.

VAT analysis decision tree

When analyzing a transaction the following five questions should be answered to understand whether the VAT is applicable and who applies it.

VAT Latvia

VAT payers

Inland VAT Latvia taxpayer:

  • A registered taxpayer – a taxpayer that is registered in the SRS’s VAT payers’ register;
  • An unregistered taxpayer – a taxpayer that, by using the rights set out in the VAT Law, has not registered in the SRS’s VAT payers’ register.

Taxpayer of another member state:

  • A registered taxpayer of another member state – a taxpayer that, for the needs of paying taxes, is registered in the taxpayers’ register of another state;
  • An unregistered taxpayer of another member state – a taxpayer that has not been registered in the taxpayer’s register of another state, and whose legal address is in another member state.

Taxpayer of the third countries or third areas:

  • A taxpayer registered by third countries or third areas – a taxpayer that has been granted a taxpayer’s identification number or an equivalent number which, for the necessity of taxation, allows to identification of a taxpayer, and which has been granted by the country in which the taxpayer does business.;
  • A taxpayer, who is not registered by third countries or third areas – a taxpayer that has not been granted a taxpayer’s ID number or an equivalent number which, for the necessity of taxation, allows to identification a taxpayer, and which is granted by the state, in which the taxpayer does business;

Fiscal representative

A fiscal representative is allowed to represent the foreign entity for several types of activities as set out by the VAT Act.

VAT group

A VAT group is a group of two or more legal entities which is established on the basis of a VAT-group agreement to carry out inter-group transactions, which meets the criteria defined in the VAT Act, and which is registered in the Register of VAT Taxable Persons.

VAT Latvia taxable transactions

The following transactions carried out inland within the scope of the economic activity are subject to the VAT:

  • supply of goods (including supply of goods in the territory of the European Union and exportation of goods) for consideration;
  • supply of services for consideration;
  • acquisition of goods in the territory of the European Union for consideration.

Any importation of goods is subject to VAT unless explicitly stated otherwise by the VAT Act.

Acquisition of a new vehicle in the EU if carried out by a non-registered taxable person or a non-taxable person is also subject to VAT.

Supplies of new vehicles are carried out on an occasional basis, where the new vehicle is dispatched or transported to the purchaser by the seller, the purchaser, or by a third person on behalf of the seller or the purchaser, from inland to a destination outside inland but within the EU is also subject to VAT.

Place of Supply

Supply of Goods

Article 12 of the VAT Act

If the goods are dispatched or transported, the place of supply of goods (also for intra-community supplies) is the place where the goods are located at the time when the dispatch or transport of goods to the recipient of goods begins.

If the goods are not dispatched or transported, the place of supply of goods is the place where the goods are located at the time when the supply takes place.

If the goods dispatched or transported by the supplier of goods, or by the recipient of goods or by a third person are assembled or installed by the supplier of goods or by a third person on his behalf, the place of supply is the place where the goods are assembled or installed.

Supply of Services

Article 19 of the VAT Act

B2B (the recipient is a VAT trader) B2C (the recipient is not a VAT trader)
Place of supply: recipient of services Place of supply: supplier of services
(1) The place of establishment or a business or a recipient of the service (1)  the place of establishment of a business of a provider of the service;
(2) the place of location of the fixed establishment of a recipient of the service, where the service is provided to the fixed establishment of the recipient of the service which is not located at a place of establishment of a business of such person (2)  the place of location of the fixed establishment of a provider of the service, where the service is provided from the fixed establishment of the provider of the service which is not located at a place of establishment of a business of such person;
(3) the declared place of residence of a recipient of the service, but, in the absence of such a place – the place of permanent residence, if the recipient of the service does not have a place of establishment of a business or fixed establishment. (3)  the declared place of residence of a provider of the service, but, in the absence of such a place – the place of permanent residence, if the provider of the service does not have a place of establishment of a business or fixed establishment.

Special rules: Articles 20-30 of the VAT Act

Services B2B B2C
Admission to the cultural, artistic, sport, scientific, educational, entertainment or similar activities (for example, trade fairs, exhibitions) Place of the performance of the service Place of the performance of the service
Passengers transportation Passengers transportation place in proportion of the distances covered Passengers transportation place in a proportion of the distances covered
Intra-Community freight transportation Main rule Place of departure
Services ancillary to the transportation of the goods Main rule Place of the supply of the services
Services relating to movable tangible property  (including valuation, repair, maintenance, treatment, processing) Main rule Place of the supply of the services
Services relating to immovable property Place where the property is located Place where the property is located
Services by intermediaries Main rule Place of underlying supply
Electronically supplied services (broadcasting, communications and electronic services) Main rule Place of recipient’s declared or permanent place of residence
Short-term hiring services: for vehicles up to 30 days, for vessels up to 90 days Place where vehicles are put at the disposal of the customer Place where vehicle are put at the disposal of the customer
Long-term hiring services: for vehicles up to 30 days, for vessels up to 90 days (except pleasure boats -special rules) Main rule Place of recipient’s declared or permanent place of residence
Restaurant and catering services on board during transportation within the EU Place of the departure of the transport Place of the departure of the transport
Other restaurant and catering services Place of the performance of the services Place of the performance of the services
The following services supplied to non-EU non-taxable persons:

  • assignments and transfers of copyrights, patents, licences, trademarks and similar rights to the disposal and control of other persons
  • services connected with advertising and public relations;
  • legal, accounting, audit, consulting, translating, expert-examination, engineering, market research and other similar services, as well as data processing and provision of information
  • obligations to refrain from pursuing or exercising, in whole or in part, any activity or action
  • the supply of staff services, including personnel selection and staffing services, except preparation and training of such staff
  • the services of the hiring out of movable tangible property, except hiring out of all means of transport
  • financial and insurance services, including reinsurance, with the exception of the hire of safes
  • the provision of access to natural gas distribution system, which is located in the territory of the EU, or to the network connected to such system, to electricity, thermal energy or cooling energy network, as well as transmission and distribution services and other services directly linked thereto.
NA Place of recipient’s declared or permanent place of residence

Intra-Community supply of goods for consideration

A supply of goods for consideration in the territory of the European Union is defined as the delivery or transportation of movable property (a part of assets to be used in a business activity by a Latvian VAT trader) from Latvia to a destination in another EU State for the purposes of provision of its business activity, provided that such transfer is carried out by an inland taxable person or by another person on behalf of the trader (Article 8(1) of the VAT Act.

The following are exemptions from the above rule:

  • the supply of goods intended for distance selling (Article 13 of the VAT Act)
  • the supply of goods intended for installation or assembly provided that installation or assembly of such goods is carried out by a supplier or by another person on behalf of the supplier
  • the supply of goods by the taxable person on board a ship, an aircraft or a train in the course of a passenger transport operation within the territory of the European Union
  • the supply of gas to another Member State through the natural gas distribution system which is located in the territory of the European Union or any networks connected to such system, the supply of electricity, thermal energy or cooling energy through thermal energy or cooling networks
  •  the supply of the goods referred to in Sections 43, 47, 48 and 50 of the VAT Act to which the 0% VAT rate is applied in the territory of the Member State where the dispatch or transport of such goods ends
  • the supply of gold, coins and banknotes to central banks of the Member States
  • the dispatch of goods to another Member State for the receipt of treatment, assessment, processing or repair services, if goods after receipt of the abovementioned services are returned to inland
  • the dispatch of goods for temporary use within the territory of the destination Member State, which is related to services supplied by a taxable person conducting economic activity inland
  • the dispatch of goods for temporary use, for a period not exceeding 24months, within the territory of the destination Member State, in which the importation of the same goods for the purpose of their temporary use would be covered by the arrangements for temporary importation with full exemption from customs payments.

If one of the conditions fails to comply, the goods are regarded as having been dispatched or transported to another Member State. A transaction is deemed to take place in the territory of the European Union at the time when that condition fails to comply.

The dispatch or transport of goods to another Member State in accordance with ARticle 45 (1)(2) of the VAT Act after their release for free circulation inland are treated as a supply of goods for consideration in the territory of the European Union.

VAT Latvia rates

The transactions taxable with a standard rate (21%) applies for the following transactions (as an example):

  • Supply of goods and related transactions
  • Provision of services and related transactions
  • Import of goods
  • Purchase of new vehicle made by any person within EU territory

Reduced rate (12%) applies for the following types of goods and transactions (as an example):

  • Supply of pharmaceuticals and medical devices (their parts and accessories)
  • Supply of specialized food products intended for infants
  • Transportation services of passengers and luggage in Latvia
  • Supply of study books and original literature books
  • Supply of newspapers, journals and other periodicals
  • Accommodation services
  • Supply of thermal energy, wood and firewood to inhabitants for household consumption
  • Import of specific goods and acquisition of such goods in the EU territory as stipulated by VAT Act

Reduced rate (5%) is applicable to the food products such as fresh fruits, berries, vegetables that are typical for Latvia.

Supply of goods and services for which the place of supply is deemed to be outside Latvia and if such supplies have been subject to VAT, if taken place in Latvia, are exempt with credit (entitling to recover input tax).

Zero-rated transactions (as an example):

  • Export of goods and supplies of goods that are not released for free circulation within the customs warehouses and free zones
  • Distribution of goods toa fiscal representative for further export
  • Supplies of goods to a taxable recipient of other member state provided that goods are delivered to another EU member state
  • Supply of new vehicle to any person of other member state
  • Import of goods provided that certain permission is obtained
  • Provided services, which are (as an example):
    • Directly relates to exports of goods, including such whose customs procedure started in another member state
    • Directly relates to transit traffic
    • Services in free zones and customs warehouses related to goods, that imported into the European Union from third countries or third territories and are not released for free circulation
    • International passenger traffic, as well as passengers traffic to other member states and brokerage services by selling these tickets, if passenger crosses the border of the Republic of Latvia, as well as luggage transportation, which the passenger carries with him, and transportation of the vehicle with which he travels
  • Distribution and transport by ships and aircrafts, supply of spare parts and fuel to ships and aircraft
  • Export of goods from Latvia to non-EU country

Following transactions are exempt from VAT, without entitlement to recover input tax (as an example):

  • Postal services
  • Medical services
  • Mandatory health checks
  • Dental care services, services provided by dental technicians and dental hygienists
  • Social welfare, occupational and social rehabilitation, social assistance and social work services
  • Services of state-accredited educational institutions
  • Cultural events (theatre and circus, concerts, exhibitions for children, art events and charity events, visits to state-recognized museums, libraries, zoo and exhibitions)
  • Insurance and reinsurance services
  • Financial transactions (lending and loans; deals with loan guarantees; services related to deposits and current accounts, and the involvement of other repayable funds, cash and non-cash payments; and other)
  • Gambling and lotteries
  • Sale of used immovable property (specific rules applies)

Charging VAT

The VAT Act provides for both general and VAT reverse-charged payment arrangements for transactions between registered taxable persons domestically.

General VAT Latvia arrangements

The goods supplier (service provider) issues to the recipient of goods or services a VAT invoice, which should indicate:

  • the value of the goods (services rendered) delivered;
  • VAT rate of 21% calculated VAT amount;

The supplier reports the transaction value in the VAT return and the calculated VAT amount as the VAT payable to the state budget.Recipient of goods (services):

  • pays the VAT invoice and VAT amount to the supplier of goods (service provider);
  • if the purchased goods (services received) are intended to provide taxable transactions for the recipient of goods or services, the VAT amount indicated in the VAT invoice is included in the VAT return as deductible input tax. If the goods purchased (services received) are not intended to ensure the taxable transactions of the recipient of goods or services, the VAT amount indicated in the VAT invoice should be included in the VAT return as non-deductible input VAT.* In the case of general VAT arrangements, the recipient of the goods (services) may also be a non-taxable person who is not entitled to deduct input tax.

Reverse charge VAT Latvia

The VAT reverse charge payment procedure applies to some categories of goods or services specified in the VAT Act if the supplier of the goods (service provider) and the recipient of the goods / services are registered VAT payers and the transaction is done domestically, as follows:

  • for the supply of timber and related services (Article 141 of the VAT Act) – from 1 July 1999
  • the supply of scrap metal and related services (Article 143 of the VAT Act) – since 1 October  2011
  • construction services (Article 142 of the VAT Act) – from January 1, 2012
  • mobile phones, laptops, tablets and integrated circuit devices (Article 143.1 of the Value Added Tax Act) – since 1 April  2016
  • a special tax regime for the supply of cereals and technical crops (Article 143.2 of the Value Added Tax Act) – from 1 July 2016
  • special tax treatment for unprocessed precious metals, precious metal and supplies of precious metal clad with metals (Article 143.3 of the Value Added Tax Act) – since 1 January 2017
  • for the supply of construction materials(Article 142 of the Value Added Tax Act) – since 1 January 2018
  • the supply of metal products and related services (Article 143.4 of the VAT Act) – since 1 January 12018
  • the supply of household electronic appliances and household electrical equipment (Article 143.5 of the VAT Act) – since 1 January 2018
  • game console supplies (Article 143.1 of the VAT Act) – since January 1, 201

There are also two special payment methods for VAT:

VAT Special Treatment (MOSS) applicable to electronic communications, broadcasting and electronically supplied services. The special tax regime in import transactions – postponement of payment of the tax amount calculated in the state budget calculated in the customs declaration for goods entered in the tax declaration of the tax period corresponding to the tax declaration, see here.

VAT Mini One Stop Shop

The Mini One-Stop-Shop (MOSS Scheme) allows carrying out business activities in the EU countries without the need to register in each ot these countries for the following services:

  • telecommunication services
  • television and radio broadcasting services
  • electronically supplied services

There are two types of schemes offered: those based within the EU (Union Scheme) and outside the EU (non-Union Scheme).

The below picture reflects the example of electronically supplied services. The Latvian company operates the trading platform through which the companies and private individuals are trading certain goods.

How the VAT MOSS regime for electronic trading platform works

VAT MOSS regime example

On the left side there is a standard B2B service supplied to VAT payer, applying 0% VAT. On the rigth side the MOSS regime is applied , since there is a transaction with VAT non-payer. So in this case Latvian company charges 20% UK tax on the trading services.

VAT Latvia regime for import of goods

A VAT payer who has received a permit of the Tax authority may apply a special VAT regime to import transactions (import) of goods. The special regime means that the VAT payer calculates the VAT liability upon importation and within the same month recovers it as an input VAT, thus resulting in no actual cash payable on the importation. This is beneficial since the VAT payer should not tempory invest money upon the import of the goods.

The Tax authority, upon the submission of a registered trader, issue the permit provided that the following conditions are met:

  • a trader has registered its business activity in Latvia (VAT payer)
  • the trader is a registered user of the Electronic Declaration System (EDS) maintained by the State Revenue Service
  • upon applying for a permit the trader does not have tax arrears, or the arrears are paid within 5 days after applying
  • its employees who have the right to sign, are not convicted of criminal offences in the national economy;
  • during the previous 12 months, the trader has submitted all the tax returns on time and provided that the additional information requested by the State Revenue Service is supplied on time as well.

Intra-Community transportation

Haulier Customer Conditions VAT position
Latvia VAT payer Latvia VAT payer Freight transportation within the EU Haulier applies Latvian VAT (21%)
Latvia VAT payer Other EU State VAT payer Freight transportation within the EU Haulier does not apply Latvian VAT. The Customer has to apply its country’s VAT according to the reverse charge rule
Latvia VAT payer VAT non-taxable person (e.g. individual) Freight transportation within the EU which starts in Latvia Haulier applies the Latvia VAT, since the transportation starts in Latvia
Latvia VAT payer VAT non-taxable person (e.g. individual) Freight transportation within the EU which ends in Latvia The place of supply is the EU State where the transportation starts, so the haulier has to register in that country as  a VAT payer and apply that country’s VAT
Other EU State VAT payer Latvia VAT payer Freight transportation within the EU which starts in Latvia Haulier does not apply VAT. The Customer has to apply Latvia VAT according to the reverse charge rule
Other EU State VAT payer VAT non-taxable person (e.g. individual) Freight transportation within the EU which starts in Latvia Haulier has the obligation to register and pay VAT in Latvia, since the transportation starts in Latvia
Other EU State VAT payer VAT non-taxable person (e.g. individual) Freight transportation within the EU which ends in Latvia  Latvia VAT does not apply. The haulier has to apply the VAT in the country where the transportation starts
 Latvia VAT payer  VAT payer or an individual  Import of goods in Latvia  If the transportation costs are included in the VAT taxable amount, the service is subject to 0% VAT
 Latvia VAT payer  VAT payer or an individual  Import of goods in Latvia, if the final destinatination is another EU State  Transportation with the EU. However, if the transportation expenses are included in the value of the goods, the service is subject to 0% VAT.
 Other EU State payer  VAT payer or an individual  Importation of the goods in another EU State, provided that Latvia is final destination  Transportation with the EU. However, if the transportation expenses are included in the value of the goods, the service is subject to 0% VAT.

Accounting for VAT

VAT chargeability

The VAT on goods or services supplied should be reported in the VAT return for the taxation period when the supply of goods or services was made and a tax invoice was issued. If a consideration has been received before the supply of goods or services, the VAT or the received part of consideration should be included in a tax return for the taxation period when the consideration was received in accordance with the tax invoice.

Tax for the supply of goods in the territory of the European Union should be included in a tax return of the taxation period when the supply of goods was performed and a tax invoice was issued.

The tax invoices should be issued within the time limits set below:

Transaction Timing
General Within 15 days following the supply or receiving advance.
Intra-community supply Within 15 days following the month when the transaction has been carried out
Supply of service where the place of supply is the address of the recipient Within 15 days following the month when the transaction has been carried out
Transportation services related to the exporting goods to the third countries Within 15 days from the supply of service, but not later than  within 90 days
Non-registered taxpayer issues the invoice for the supply of the new vehicle Within 15 days following the month when the transaction was carried out

If a tax invoice is not issued on time, the VAT  for the supplies of goods or services supplied inland should be included in a VAT return of the taxation period when the supply of goods was performed or service was supplied and the time limit has expired.If a tax invoice is not issued until on time,, the supply of goods in the EU should be included in a tax return of the taxation period which follows the taxation period when the supply of goods in the EU was performed.The continous transactions are included in the tax return of the taxation period when a consideration was received or when the time period for which the invoice is issued ends, but not later than each 6 months.For the intercommunity supply, if the supply of goods performed countinueolsy over a continuous period of time in the territory of the European Union should be included in the tax return of each taxation period until the time when the transaction is completed.For the services considered as supplied in the EU, third country a taxpayer includes in the declaration in the tax period when the service has been supplied or the consideration received before the  services have been actually supplied.

When the goods and services are considered as supplied?

The goods are considered as supplied when the goods are physically delivered, but not later than when they are received by the recipient of goods. Where the goods are supplied permanently over a continuous time period (with the exception of the hire-purchase transactions) and tax invoices are issued at regularly, the tax point of the transaction is the end of the period, but not less than once in 6 months.Where the supply of goods within the territory of the EU takes place permanently over a continuous time period and exceeds one month, it the transaction is deemed to occur in the end of each calendar month until the supply of goods is completed. The intercommunity acquisition is deemed to take place at the time when the acquisition of goods has been physically made out, but not later than the time when the goods are received.Broadly, supply of service has taken place when the service is supplied to a recipient of the service, unless it is otherwise provided for in this Section.

The Receipt of a service has taken place, where the service is received. Where the service is supplied permanently over a continuous time period (with the exception of leasing of movable tangible property) and tax invoices are issued regularly, it should be deemed that the transaction has occurred at the end of the period, but not less than once in 6 months.

Triangulation 

Triangulation means the situation where a trader of the one EU State (e.g. Lithuania) sells goods to a trader of a second EU State (e.g. Latvia), who in turn sells the goods to a trader in a third EU State (e.g. Estonia). The first person physically delivers the goods to the end-repurchaser (i.e. Lithuania sends the goods directly to Estonia).

The triangulation can only apply when all the three traders are all registered for VAT each in its own EU State.

The Latvian VAT does not contain the term “triangulation”, however, the meaning of it is included in the Article 16(3). Under this Article the VAT is applicable in the EU State where the transportation of goods ends provided that:

  • A VAT registered Latvian trader has acquired goods in the EU from a VAT registered trader of another Member State for the purpose of resale of such goods to a final purchaser in the territory of the EU which is considered as a place of acquisition of goods.
  • A final purchaser of goods is a VAT registered trader person of another EU State and is liable for the VAT on such goods.
  • A Latvian trader has reported this transaction in row 2 (“Taxables supplies made in other countries”) of the VAT Act and Appendix PVN 2 “Pārskats par preču piegādēm un sniegtajiem pakalpojumiem Eiropas Savienības teritorijā” indicating in row “K” the code “S”.

Transfer of business

The transfer of business consisting of the assets and liabilities that forms together a joint ownership to the ownership or use by a new acquirer is not considered as a VAT taxable transaction, provided that (all below criteria are met):

• the net assets are sold for a consideration or without it or are contributed in the share Capital of the acquirer and
• acquirer is a legal successor of the rights and liabilities pertaining to this ownership and
• The acquirer continues to carry out business that is not related to the sale of the business or liquidation of it.

If, however, the acquirer fails to take over the rights and liabilities or it ceases the business activity, the assets and liabilities are considered as transferred each separately.

Consignment stock

A VAT trader from the EU Member country is entitled not to register with the State Revenue Service  as a VAT trader in Latvia, if it supplies stocks of production goods or stocks of wholesale goods to a Latvian VAT-registered trader, provided that in accordance with an agreement entered into between such traders, the ownership to the goods will be transferred to the Latvian VAT trader at a time when the goods are resold or consumed.iness purpose.

When the goods are consumed or resold by the Latvian trader, the purchase is considered as intra-Community acquisition. The Latvian trader will have to report the stock purchased when the goods are resold to the customers and ownership passes to the consignee. Such consignment stock could be maintained for up to 2 years.

Distance sale

The distance selling of goods is the supply of goods where a supplier or a third person on behalf of the supplier of goods dispatches goods from the one EU country to another, provided that the following conditions are met:

  • the purchaser is non-registered taxable person, non-registered taxable person of another Member State or a non-taxable person;
  • the goods supplied are neither new means of transport nor goods intended for assembly or installation;
  • the total value (exclusive of tax) of the goods supplied in the previous or current calendar year has reached or exceeded the registration threshold (35 000 eur).

A taxable person of another EU trader should register with the State Revenue Service as a VAT payer:

  • within 30 days from the time when the total value of supplies of goods in the previous or current calendar year has reached or exceeded EUR 35 000;
  • prior to carrying out the transaction, if such goods are supplied which are subject to excise duty inland regardless of the value of the excisable goods supplied.

In transactions of distance selling of goods a taxable person of another Member State has the right to register with the State Revenue Service also prior to reaching the registration threshold.

Threshold for intra-Community acquisition

If the non-taxable person makes an acquisition of goods in the EU, the person is not obliged to register as a VAT payer until the 10 000 EUR threshold is reached (Article 34(11) of the VAT Act.)

VAT invoices

The VAT invoice should contain the following information:

  • date of the invoice issue
  • number of the one or several series on the tax invoice that identifies the uniqueness of the tax invoice;
  • name of the supplier of goods or services (for an individual – name and surname) and legal address (for an individual – declared place of residence)
  • registration number of the supplier of goods and services with the VAT payers’ registry of the State Revenue Service
  • legal name of the recipient of goods or services (for an individual – name, surname) and legal address (for an individual – declared place of residence)
  • registration number of the supplier of services or goods with the VAT payer registry of the State Revenue Service or the othe member state’s registry, provided that the taxpayer is registered with one of the above mentioned registries
  • date of supply of goods or services, if it differs from the date when the tax invoice is issued, or date when the advance payment is received if this date is known and it differs from the date when the tax invoice is issued
  • description, volume and  measurement units of the goods or services supplied
  • price of the good or service supplied (including the price per unit)
  • discount applied (provided that it has not been already applied to the value per unit)
  • tax rate1
  • tax amount calculated
  • value of the transaction without the tax (value subject to VAT or exemption from it)
  • if the tax invoice is issued according to the Article 130 of the VAT Act, e.g. the invoice is self-billed, the reference “pašaprēķins” (self-consumption) should be included
  • if a zero-rated VAT or an exemption from VAT is applied to the supply of goods or services, a reference to the respective Article of the VAT Act, according to which the 0% VAT or exemption has been applied, or a reference to the respective Article of the EU Council’s 28 November 2006 Directive No. 2006/112/EK , or other reference having the legal grounds for application of the 0% VAT or an exemption from VAT
  • if the recipient of the goods and services is responsible for VAT, a reference – “nodokļa apgrieztā maksāšana” (“reverse charge”)
  • if a new transport vehicle is purchased, a reference to the information confirming that the vehicle is new (unused) according to the Article 1(9) of the VAT Act)
  • if a special regime for the tax payment and input tax recovery is applied according to the Article 137 is applied, a reference “naudas līdzekļu uzskaite” (“VAT cash flow accounting”) should be included.
  • if a special regime according to the Article 136 of the VAT Act is applied, a reference “peļņas daļas režīms ceļojumu aģentūrām” Profit margin scheme for tour operators”
  • if a special regime according to the Article 138 of the VAT Act is applied, a reference “peļņas daļas režīms lietotām precēm” (‘“profit margin for second-hand goods”), “peļņas daļas režīms mākslas darbiem” (“profit margin for works of art”)  or“peļņas daļas režīms kolekciju priekšmetiem un senlietām” (“profit margin for collection items and antiques”)
  • if the special rules according to the Articles  135., 139., 140.1, 144. and 145. of the VAT Act are applied to the supply of goods or services, a reference to the respective Article, or a reference to the repective Article of the EU Counci’s 28 November 2006 Directive No. 2006/112/EK should be provided.
  • if an authorized person is responsible for the tax payment, the VAT number, legal name (for an individual – name and surnam) and legal address (for an individual – declared place of residence) of the authorized person should be indicated.
  • if a fiscal representatiee person is responsible for the tax payment, the VAT number, legal name (for an individual – name and surnam) and legal address (for an individual – declared place of residence) of the fiscal representative should be indicated.

VAT Latvia registration

Entity Registration requirement Deadline
  • Physical entity
  • Legal entity
  • Partnerships
  • The person authorized by the group of persons
The total value of the goods delivery and service provisions taxable by VAT within the previous 12 months has reached or exceeded 40,000 Euros (not including the delivered capital asset and non-material investment value, if such a delivery is done once in 12 months’ time, in this sum) Until the 15th date of the month after the taxation period, when the registration threshold – 40,000 Euros – is exceeded, submits a registration submission to the SRS.
  • Legal entity
  • Physical entity carrying out business activity
The value minus VAT of the goods’ acquisition within the EU does not exceed 10,000 Euros in the current calendar year. Until the 15th date of the month after the taxation period, when the registration threshold – 10,000 Euros – is exceeded, submits a registration submission to the SRS:
  • Taxpayer from a different EU member state
  • Goods acquisition is done within the EU in the inland; or goods delivery.
  • Provide services within the inland, taxable by VAT, and which [services] are – according to the law – liable for VAT remuneration to the state budget.
  • An unregistered taxpayer or a person, who is not a taxpayer in the inland, is delivered goods that are taxable by excise in the Republic of Latvia, independently from the value of delivered excise goods.
  • The goods’ resale transaction is done, and the goods are received in Latvia, and the total sum of the goods’ delivery minus VAT, achieves or exceeds 35,000 Euros current calendar year.
  • Delivers goods to an unregistered taxpayer or a person who is not a taxpayer, and assembles and installs these goods within the inland.
  • Before execution of the transactions
  • Before execution of the transactions
  • Before execution of the transactions
  • No later than within 30 days’ time since achievement or exceeding the sum mentioned
  • Before execution of the transactions
  • The third countries or third area’s taxpayer or its authorized person
Carry out VAT-taxable transactions in the inland, and is responsible for VAT payment in State budget. Before execution of the transaction
  • Taxpayer from a different EU member state
  • Goods acquisition is done within the EU in the inland; or goods delivery.
  • Provide services within the inland, taxable by VAT, and which [services] are – according to the law – liable for VAT remuneration to the state budget.
  • An unregistered taxpayer or a person, who is not a taxpayer in the inland, is delivered goods that are taxable by excise in the Republic of Latvia, independently from the value of delivered excise goods.
  • The goods’ resale transaction is done, and the goods are received in Latvia, and the total sum of the goods’ delivery minus VAT, achieves or exceeds 35,000 Euros current calendar year.
  • Delivers goods to an unregistered taxpayer or a person who is not a taxpayer, and assembles and installs these goods within the inlands.
  • Before execution of the transactions
  • Before execution of the transactions
  • Before execution of the transactions
  • No later than within 30 days’ time since achievement or exceeding the sum mentioned
  • Before execution of the transactions
  • The third countries or third area’s taxpayer or its authorized person
Carry out VAT-taxable transactions in the inlands, and is responsible for VAT payment in state budget. Before execution of the transaction
  • Permanent establishment of the taxpayer of another EU member state, or taxpayer’s of the third state or third area.
In the inland, these persons involve within the goods delivery or service provision done by them. Before execution of the transaction
  • VAT group
  • The parties may only be registered taxpayers;
  • A registered taxpayer may not be a member of another VAT group at the same time;
  • The total value of at least one VAT group member’s goods delivery and service provisions taxable by VAT within the previous 12 months is at least 355,700 Euros;
  • The members are subsidiaries in the Republic of Latvia of capital companies that shall be included in one concern or a foreign trader, included within a concern;
  • A VAT group’s foundation contract is signed, in which the main company is set out;
  • The members are achievable at their legal address.
Fiscal representative
  • Has registered in the inland of business activity more than 2 years ago, and has been continuously done business since registration;
  • On the day of submitting the application to SRS for registration of the SRS’s VAT payers’ register, has no tax liabilities or the due date for the payments has been deferred and this person is fulfilling their liabilities.
  • The person entitled to represent a physical entity or legal entity,
  • has no criminal record for offenses that may affect the determination of tax amount.
  • The tax declaration is submitted within term, and submits the demanded additional information before the deadline set by the SRS.
  • Can be reached in its legal address or declared residence.
  • Submits one of these verifications for covering the possible VAT debt: a) bank’s verification on savings in the deposit account for covering the possible VAT debt on the day of registration in the amount of 14,220 Euros, and during the operation of the fiscal representative – at least 20% of the amount of the average taxable transactions’ value, shown in the VAT declaration for the previous three taxation periods of fiscal representative, but no less than 10,000 Lats.
  • Verification of the bank or insurance company on security for covering the possible VAT debt, no less than 284,570 Euros.
  • Is a client, registered in the SRS’s electronic declaration system.
CCC
Public person Carries out transactions taxable by VAT, and these transactions may create substantial distortion in competition or:

  • Provides telecommunication services;
  • Delivers goods (including water, gas, electricity, steam, heating);
  • Provides goods’ transportation services;
  • Provides port or airport services;
  • Provides public passenger transportation services;
  • Carries out intervention transactions of agriculture by carrying out terms of regulations on the common organization of agriculture’s product market;
  • Organizes fairs and trade exhibitions;
  • Provides warehouse services;
  • Provides commercial type of advertisement services;
  • Provides tourism services;
  • Provides TV and radio services of commercial character;
  • Provides public catering services;
  • Delivers goods for employees’ personal needs;
  • Provides rent services

Receives construction services

Until the 15th date of the following month, when the registration threshold is exceeded, submits the application to the SRS.

Before receiving services

Any person
  • Provides services, the place of provision of which are established according to the part on of Article 19 of the VAT Law, to any taxpayer of another EU member state, or a legal entity of another EU member state that is not doing business, identified for paying the tax.
  • Provides such services, the place of provision of which, according to part on of Article 19 of this law is another member state, and relating to which, the receiver of the services is liable for the payment of tax
  • Before provision of service
  • Before provision of service

Input VAT recovery

If the goods are acquired and services are received for ensuring the taxable transactions or for ensuring of such transactions carried out in other countries which should be taxable, if they were carried out inland, the input tax is:

  • the VAT amount indicated on tax invoices received from other VAT payers for the goods acquired and services received;
  • the tax amount paid for the importation of goods;
  • the tax amount calculated in accordance with a special tax arrangement for transactions of importation of goods in accordance with customs clearance
  • the calculated tax amount which is payable by a VAT payer in the taxation period as a recipient of service;
  • the calculated tax amount from the acquisition of goods in the territory of the European Union;
  • the calculated tax amount for the goods acquired in accordance with special regimes (reverse charge VAT) according to Articles 141, 142, 143, 143.1, 143.2, 143.3, 143.4 and 143.5 of the VAT Act
  • the calculated tax amount for the services received in accordance with Articles 141, 142, 143 and 143.4 of the VAT Act
  • the calculated or paid tax amounts for the goods acquired which have been issued as small value gifts or samples of goods.

Taxation period VAT Latvia

A taxation period is one calendar month if any of the following conditions is implemented:

  • the value of taxable transactions performed by a registered taxable person in a pre-taxation year or taxation year exceeds EUR 40 000;
  • a VAT trader person performs a zero-rated supply of goods in the territory of the European Union (Section 43 of the VAT Act).
  • a VAT trader performs supply of goods in the territory of the European Union, participating in the supply of goods referred to in Section 16(4) of the VAT Act.
  • a VAT trader supplies services, the place of supply of which is determined in accordance with Article 19(1) of the VAT Act (the place of supply is the address of the recipient.

VAT traders that do correspond to the above requirements are entitled to submit the quarterly returns.

VAT Latvia refund for the EU legal entities

General

For a VAT refund a foreign taxpayer who is not carrying out business in Latvia submits the electronic application for the VAT refund to Latvia in the Member State where the taxpayer carries out business and using the website established by that Member State. In accordance with Article 113(2) of the VAT Act and with Sections III, IV of the Regulations of Cabinet of Ministers No 1514 of 17 th of December 2013 „Procedure of Application for the Refund of VAT in other Member State of the European Union and the Procedure of Refunding the Value Added Tax to a Taxable Person Established in other Member State of the European Union”  (starting  1st of January 2014 ) the refund of VAT to Legal Entities of Member States of the European Union in Latvia is made in accordance with the application for the refund submitted in the Member State where the taxpayer does business and which is electronically send to the State Revenue Service from the competent tax authority of the other Member State.

Eligible persons

VAT refund can be claimed by a taxpayer registered in another Member State of the European Union who is not engaged in business that must be registered in the Republic of Latvia for the value-added tax which has been charged on goods acquired in the Republic of Latvia, services supplied and goods imported with the purpose of carrying out his own taxable transactions in the territory of the European Union.

Authorised representative

A VAT refund application may be also submitted by a taxpayer’s authorized representative, an individual or a legal person, acting on the basis of an authorization. As the VAT refund application is filed in the Member State where a taxpayer carries out business activity, the authorisation should be submitted in that Member State and in compliance with the national requirements of the Member State.

Criteria for VAT Latvia refund

The VAT taxable person meets the following criteria, it:

  • has been registered in a VAT taxable persons register of another Member State
  • has not been registered at the VAT taxable persons Register of the State Revenue Service
  • has not been doing business that in accordance with existing legislation must be registered in Latvia
  • has not been making taxable transactions in Latvia (has not supplied goods and services which could be regarded as supplied in the Republic of Latvia), requiring the registration in the Register of VAT taxable persons at the State Revenue Service.

Requirements for submitting of the VAT refund application:

  • the information included in the application form and the additional information must be in English or Latvian;
  • the application must be filed by a specific date, i.e. no later than by 30th of September of the calendary year following the refunding period. If the specific date has been exceeded, the application is disregarded and the tax is not refunded;
  • the refund period indicated in the application should not exceed one calendar year and should not be less than three calendar months;
  • the refund period indicated in the application can be less than three calendar months if it relates to the last months of the calendar year;
  • the amount of the claimed VAT refund must be indicated in national currency of the Republic of Latvia EUR (2014);
  • the amount of claimed tax refund cannot be less than EUR 400, if the refunding period is shorter than one calendary year but is not shorter than three months;
  • the amount of claimed tax refund indicated in the application must not be less than EUR 50, if the refunding period is one calendary year or last months of the calendary year;
  • the application must contain information related to every invoice issued in domestic territory or related to every document proving importation on goods made in the domestic territory;
  • the description of taxpayer’s business activities shall be notified using statistical classification of economic activities NACE Revision 2 codes provided for by Council Regulation (EC) of 20 December 2006 Nr. 1893/2006;
  • an electronic copy of tax invoice or importation document must be attached to the application in cases where the taxable amount indicated in the tax invoice or importation document amounts to or exceeds EUR 1 000. If the invoice refers to fuel then the threshold is EUR 250;
  • additional electronically coded information (subcodes) must be submitted in relation with the following codes of goods and received services (pleae refer to the tax authority website for more information https://www.vid.gov.lv/lv/node/56980:
    • Fuel
    • Hiring of vehicles
    • Vehicle expenditures
    • Road tolls and charges
    • Transport expenses, such as taxi and public transport fares
    • Accommodation in guest accommodation dwellings
    • Food, drink and restaurant services
    • Admision to fairs and exhibitions
    • Expenditure on luxuries, amusements and entertainment
    • other.