On 13 October 2023, an amendment to the Value Added Tax (VAT) law was published in the Official Gazette of the Republic, which extends the application of VAT exemption to services supplied by specific training providers.
The relevant amendment has been effected by adding a new subparagraph (k) under Paragraph 9 of Table A of Schedule 7, which exempts transactions related to education of all levels, vocational training, retraining, as well as supply of services and of goods closely related thereto, by:
“ (k) training providers, including vocational training centers, certified by the Cyprus Human Resources Development Authority (HRDA)”.
As specified on the official website of the HRDA, the categories of applicable certifications are as follows:
- Vocational Training Centers
- Vocational Training Premises
- Vocational Training Instructors
Special rules in relation to the amendment of the VAT treatment
Amendment from taxable to VAT exempt transaction
According to Article 55 of the CY VAT Act, in case of a change in the VAT treatment from taxable to exempt, the supplier of services may choose to avoid the imposition of VAT provided that the services were supplied after the date of the amendment, even if a payment was received or a VAT invoice was issued prior to that date.
Based on the above, the time of supply should be determined in order to establish whether the taxpayer may use the relevant option provided by the law.
VAT payments and invoices prior to the date of the amendment
If either full or partial payment is received or a VAT invoice is issued before the transaction takes place and before the amendment in the VAT treatment, then the taxable person may elect to apply the VAT exemption.
Example 1: Payment and issuance of invoice before the amendment
11 September 2023 | Receipt of payment of €595 (€500 plus VAT x 19% = €95) for participation to a seminar.
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13 October 2023 | Amendment from taxable to VAT exempt transaction
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21 October 2023 | Seminar completed.
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According to the standard rules 19% VAT will be accounted for and paid.
According to the special provisions of the Cyprus VAT Act, the entire amount can be exempt from VAT. The correction of the VAT amount initially imposed upon the receipt of a payment will be made by issuing a credit note only in respect of the amount of VAT originally charged.
It should be further noted that the credit note should be issued within 14 days from the date when the VAT treatment was amended, i.e. no later than October 27, 2023.
In essence, the special provisions ignore the time of receipt of payments or the issuance of an invoice for the payment of output VAT, due to the fact that the time of supply of the services prevails.
Example 2: Advance payment
11 September 2023 | A supplier receives an advance payment of €119 (€100 plus VAT x 19% = €119) for participation to a seminar with a total value of €500 plus x 19% = €595.
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13 October 2023 | Amendment from taxable to VAT exempt transaction
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21 October 2023 | Completion of seminar and settlement of the remaining balance amounting to €400 without VAT. |
According to the standard rules upon receipt of the advance payment, 19% VAT will be accounted for and paid, whereas, upon settlement of the remaining balance no VAT will be imposed.
According to the special provisions of the Cyprus VAT Act, the entire amount can be exempt from VAT. The correction of the VAT amount initially imposed upon the receipt of an advance payment will be made by issuing a credit note only in respect of the amount of VAT originally charged.
Example 3: 14 days rule
Referring to services which have been supplied within 13 days prior to the amendment of the VAT treatment and for which neither a payment has been received nor an invoice issued, an invoice can be issued without VAT, as follows:
12 October 2023 | Completion of a two-day seminar amounting to €500 plus VAT (€500 x 19% = €95 if an invoice was issued or a payment was received).
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13 October 2023 | Amendment from taxable to VAT exempt transaction
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25 October 2023 | Issue of a sales invoice for the amount of €500 without VAT
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The 14-day rule can be applied in relation to the supply of services which have been supplied within the last 13 days prior to the amendment of the VAT treatment (30/9/2023 – 12/10/2023) and the day of the amendment of the VAT treatment is the 14th day.