Reimbursement of VAT
I. The recovery of a VAT credit can be monthly, quarterly or annual regardless of the tax system.
- All taxpayers must upload their refund request regardless of the amount of their turnover. Form 3519 normally accompanies the VAT return.
However, it may be submitted later, at the latest on 31 December of the second year following that in which the right to reimbursement arose. A statement of invoices must be provided if this is a first request made by a new company or at the request of the administration. - Any debtor who requests the repayment of credit may be required by the administration to present a solvent guarantor who undertakes, jointly and severally with him, to repay the sums from which he has improperly obtained the repayment. However, the administration only requires the production of a bond in exceptional cases. - On the express option, a company may request that the receivable from the Treasury corresponding to the VAT credit be used to pay future tax installments relating to professional taxes (advance payment of corporate income tax, IFA, payroll tax, etc.).
II. Special procedure 8th Directive
- It is also possible to obtain a refund of VAT paid in other European Union countries through a special procedure, known as the "8th Directive". This must be done through an electronic portal of the Public Finance Branch. - The repayment period is a minimum of 3 months (minimum amount 400 €) and a
maximum of 1 year. The application must be filed before September 30 of the calendar year following the refund period. - The French tax authorities ensure that the request is valid before forwarding it to the State of reimbursement, which has, in principle, 4 months to examine it. - Refunds must be made within 10 working days of acceptance of the request. Failing this, default interest is due (0.20%).
III. Control procedure for VAT credit refund claims
- For claims for refund of VAT credits submitted on or after 1 January 2017, the tax authorities may implement a new specific procedure for examining such claims on the spot. The intervention of a tax officer on the company's premises is preceded by the sending of a notice of instruction on site. The latter is authorized to make material statements and to consult the books and accounting documents, as well as all supporting documents relating to claims for reimbursement.
- The tax authorities have 60 days from the first on-site intervention to take a decision to reject or accept the refund request. In any event, its decision may not be taken more than 4 months after the notification of the notice of investigation on the spot. Beyond these deadlines, failure to reply shall constitute acceptance.