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Energy & utilities

Use case · Tax

Electricity and gas trading: where the supply takes place and who pays the VAT

A trader sells power and gas across Germany and the Netherlands. Research the special place-of-supply rules, the reseller test and the reverse charge.

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Head of tax in a burgundy knit sweater reading a printed trade confirmation at an empty trading desk after hours

This task, run in azta

azta
Dutch energy company sells electricity and gas to (a) German utilities that resell, (b) an industrial consumer near Duisburg, (c) German traders. Its German subsidiary also trades domestically.
DE · NL · EU
Researching

Reading your files

Searching EUR-Lex · Curia

Searching Gesetze im Internet

Searching wetten.overheid.nl

Network energy has its own rules. The VAT Directive has special place-of-supply rules for gas through the natural gas system, electricity, and heat or cooling through networks. They replace the ordinary rules for goods.
To a reseller: where the reseller is established. Where the customer is a taxable dealer, whose main activity is reselling the energy and whose own consumption is negligible, the supply takes place where the dealer is established.
To anyone else: where the energy is used. Where the customer uses the energy itself, the supply takes place where it is effectively used and consumed. An industrial customer consuming power at its German plant receives a supply in Germany.
The reverse charge follows. Where the supplier is not established in the country of supply, the customer generally accounts for the VAT if it is registered there. Germany also applies a domestic reverse charge to supplies of electricity and gas to resellers.
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Energy flows to German counterparties

Sales to German utilities and traders. These customers resell the energy and their own consumption is negligible, so they are taxable dealers. The supplies take place in Germany, where they are established. The Dutch company invoices without VAT and the customers account for German VAT under the reverse charge.

Sales to the Duisburg plant. The customer consumes the electricity and gas itself, so the supplies take place in Germany, where the energy is used. Because the Dutch company supplies without a German establishment, the customer accounts for the VAT, as it is registered in Germany.

German subsidiary. Its domestic sales to resellers fall under the German domestic reverse charge. Its sales to end customers carry German VAT. Guarantees of origin are treated separately from the energy and are covered in Annex 2.

Sources · EUR-Lex · Curia · Gesetze im Internet · wetten.overheid.nl
Saved

A replay of this page’s example. In azta every line of the answer carries a citation that opens the provision itself.

The situation

Electricity and gas trading flows between two countries

A Dutch energy company sells electricity and gas to German counterparties: utilities that resell, other traders and an industrial consumer near Duisburg. Its German subsidiary trades domestically. The new head of tax has inherited a VAT mapping nobody has checked since the subsidiary was set up.

Energy supplied through networks does not follow the ordinary goods rules. The hours go on classifying each counterparty, deciding whether a supply is to a reseller or for its own use, checking whose reverse charge applies to each flow, and agreeing what each invoice must say.

What the research has to settle

The rules behind the answer

Network energy has its own rules
The VAT Directive has special place-of-supply rules for gas through the natural gas system, electricity, and heat or cooling through networks. They replace the ordinary rules for goods.
To a reseller: where the reseller is established
Where the customer is a taxable dealer, whose main activity is reselling the energy and whose own consumption is negligible, the supply takes place where the dealer is established.
To anyone else: where the energy is used
Where the customer uses the energy itself, the supply takes place where it is effectively used and consumed. An industrial customer consuming power at its German plant receives a supply in Germany.
The reverse charge follows
Where the supplier is not established in the country of supply, the customer generally accounts for the VAT if it is registered there. Germany also applies a domestic reverse charge to supplies of electricity and gas to resellers.

How it runs in azta

From the question to the document

The question, as you would type it

Dutch energy company sells electricity and gas to (a) German utilities that resell, (b) an industrial consumer near Duisburg, (c) German traders. Its German subsidiary also trades domestically. Where is each supply taxed, who accounts for the VAT and what must the invoices say?
  1. You start with

    Electricity and gas trading flows between two countries

  2. 01

    Upload the counterparty list

    Add the list of counterparties with their activity and VAT numbers. azta reads it and refers back to the rows it relied on.

    File upload· Pro
  3. 02

    Research each flow

    Ask how each flow is treated. azta cites the VAT Directive, the German and Dutch VAT acts and the Court of Justice decisions on the special rules.

    Cited research· Free
  4. 03

    Read the provisions side by side

    Open the German and Dutch provisions in the reader, in the original language, with their in-force status.

    Atlas statute reader
  5. 04

    Write the flow note

    Ask for a table by flow: counterparty type, place of supply, who accounts for the VAT and what the invoice states. Edit it in Canvas.

    Canvas · Ask azta· Pro
  6. You send

    A VAT note per flow on place of supply, reverse charge and invoicing

What you get

A VAT note per flow on place of supply, reverse charge and invoicing

VAT note · draft

Energy flows to German counterparties

Sales to German utilities and traders. These customers resell the energy and their own consumption is negligible, so they are taxable dealers. The supplies take place in Germany, where they are established. The Dutch company invoices without VAT and the customers account for German VAT under the reverse charge.

Sales to the Duisburg plant. The customer consumes the electricity and gas itself, so the supplies take place in Germany, where the energy is used. Because the Dutch company supplies without a German establishment, the customer accounts for the VAT, as it is registered in Germany.

German subsidiary. Its domestic sales to resellers fall under the German domestic reverse charge. Its sales to end customers carry German VAT. Guarantees of origin are treated separately from the energy and are covered in Annex 2.

Illustrative excerpt. A real draft is built from your facts and cites the provisions it relies on.

Outcomes on your numbers

What azta is worth on this task

Pro pays for itself after

13 minutes a month

At €130 an hour, that is all the time Pro (€27 a month) has to take off your desk to cover its price.

Example figures. Replace them with your own.

10%50%
Hours back a year
43
Capacity at your rate
€5,616
More energy VAT flow notes a quarter
1.5
Return on Pro
17.3×
Hours a year on this task
Today168 h
Your scenario125 h
  • Research
  • Drafting
  • Your review

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Sources azta searches here

  • EUR-Lex · Curia
  • Gesetze im Internet
  • wetten.overheid.nl
See the full source register

What stays with you

  • Classifying each counterparty, which needs their own confirmation.
  • The position on mixed or unclear cases.
  • The returns and the invoicing set-up.

Frequently asked questions

Does it cover heat and cooling as well?
Yes. Heat and cooling through networks follow the same special rules. Ask with the facts and azta cites the provisions.
What about guarantees of origin and emission allowances?
They are not energy supplies and follow other rules. Ask about them separately and azta researches their treatment in each country.
Does it cover energy taxes as well as VAT?
It researches the energy tax legislation it holds alongside VAT. The duty calculation and the filings stay with your team.

Book a demo

See the VAT note built from your own case.

A working session, not a slide deck. Bring a live matter and see azta research it and draft the document, with your team in the room.

  1. 1

    Bring a real question

    One from this week, with the facts you would give a colleague.

  2. 2

    We run it in azta with you

    You watch the research and open the citations against the provision.

  3. 3

    You see the draft it produces

    Then we plan a trial with your team, if it fits your work.

  • Client data is never used for training
  • Data stays in the EU/EEA
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