An analysis of foreign VAT refunds : a Maltese perspective

Abstract

PURPOSE The rationale behind this study is to analyse in a local context the extent of the usage of foreign VAT refund procedures. On the outset, the study focuses on the introduction of the recently implemented harmonised VAT refund procedure, a mechanism designed to facilitate the recovery of cross-border VAT. Critics believe that the scope of harmonisation was not fully achieved as they allege that users are still facing significant setbacks in the VAT refund procedure. Secondly, the study endeavours to assess the accessibility and complexity of applying for a VAT refund under the Thirteenth VAT Directive and consequently, on the decision of other countries to do business in Malta. Finally the study attempts to determine those factors which are still hindering the two distinct foreign VAT refund mechanisms in an effort to suggest improvements to the existing systems. DESIGN The research was conducted by means of a questionnaire which was distributed amongst 54 audit and accountancy firms, 44 sole practitioners and a selection of 16 Maltese companies in order to gain an understanding of their views and concerns. ii FINDINGS Respondents claimed that although the new VAT refund mechanism was designed to facilitate the VAT recovery process for cross-border activity, they still perceived the process as 'somewhat difficult'. VAT refunds under the Thirteenth VAT Directive, on the other hand were viewed by participants as 'cumbersome' and 'difficult' to apply in practice. They suggested that this was mostly due to the paper-based nature of the refund process. In this respect, even though the same users heavily criticised the new VAT refund procedure, they still advocated that a similar harmonisation process should be undertaken to improve VAT recovery under th a minimum whilst the need to provide supporting documentation should be eliminated. Furthermore, participants suggested that MS should agree on an 'exhaustive list' of expenditure eligible for VAT refund across MS.