Deduction of VAT on business purchases

Verified 10 November 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Finance

A company is in principle subject to VAT. This means that it must charge for to its customers and to pay it back to the French State. Being subject to a real VAT system also allows her to deduct the VAT she pays on her business purchases. In other words, it can claim a refund of the deductible VAT paid to the State. We present you the rules concerning the VAT deduction.

To be able to deduct VAT, following conditions must be complied with:

  • The company must be subject to a actual VAT system (simplified real or normal real). It must not be exempt from VAT or be in exemption from VAT.
  • The VAT to be deducted must relate to purchases of goods or services necessary for the operation of the company. If the purchase is made for the personal use of the manager, then the VAT applied to the purchase cannot be refunded.
  • The company must be able to justify purchases on which it claims a deduction of VAT. It must also be possible to read the amount of VAT which it has paid and for which it seeks reimbursement. The voucher will usually be an invoice, but may be another document (e.g. purchase order).

Warning  

Certain goods or services may be excluded from the right of deduction.

We must be very careful about administrative formalities, particularly the rules concerning invoicing (mandatory information, retention periods, etc.). In the case of checks, the authorities may request reimbursement of the VAT deducted if the supporting invoices are not in conformity.

VAT may be deducted only from the moment it becomes due. Indeed, the concept of chargeability is important because it determines the period during which you will have to declare VAT and at the same time deduct it.

Depending on the type of sale, VAT is not payable at the same time:

  • Sale of goods : VAT is payable at the time of delivery (usually in relation to the date of the invoice). When an advance payment is made, VAT becomes deductible as soon as the advance payment is made.
  • Sale of services : VAT is chargeable at the time of receipt of the price. However, the company may opt for the debit regime. In this case, the VAT is due on the date of the invoice.

To learn more about VAT chargeability, you can consult the relevant sheet.

Example :

A company buys goods for the purpose of its business from another company. She places the order on January 13 and receives the products on February 3. VAT becomes chargeable at the time of delivery since it is a sale of goods. As the supply took place in February, VAT will have to be declared and deducted on the February VAT return (i.e. between 15 and 24 March).

The company must deduct the VAT at the time of VAT return. It must indicate the sales or purchase transactions it has carried out and the VAT deductible on the corresponding lines.

When the deductible VAT is higher than the tax collected, it is said that the company has a VAT credit. In other words, the tax authorities owe him VAT.

The company has 2 options:

  • It may decide to postpone this tax credit on subsequent tax periods, i.e. the remaining deductible VAT will be used to reduce the VAT collected in the following month.
  • She can claim refund all or part of its VAT credit.

Some goods or services have specific deductibility rules.

In order to obtain a VAT refund, the company must apply to the company Tax Office (SIE) on which it depends at the time of its VAT return on which the VAT credit is highlighted. In other words, it is the return on which the VAT collected is less than the deductible VAT.

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Reimbursement may be annual, half-yearly, quarterly or monthly. Moreover, according to the company's VAT system, the VAT refund arrangements are not the same.

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Simplified real VAT system

Depending on the amount of the company's VAT credit, the company may apply for an annual or half-yearly refund.

Annual VAT refund

It is possible when the amount of the VAT credit is at least € 150.

It is possible when the amount of the VAT credit is at least € 150.

To apply for an annual VAT credit refund, the company's VAT credit amount must be at least equal to €150.

The application must be made at the time of the annual VAT return:

  • If the accounting year of the company coincides with a calendar year: by 2e working day after 1er May.
  • If the company's accounting year does not coincide with a calendar year: at the latest 3 months after year-end.

The refund application must be made using the form No. 3517-S.

Half-yearly repayment

It is possible when the amount of the VAT credit is at least € 760.

It is possible when the amount of the VAT credit is at least € 760.

To apply for a half-yearly VAT credit refund, the VAT credit must be at least equal to €760.

The application must be made every 6 months from the closing date of the company's accounting year at the time of the VAT return it makes that month.

The application for a certificate must be made using the form #3519. It must also attach to its refund application the invoices which indicate the amount of VAT for which the refund is claimed.

Real standard VAT arrangements

Depending on the amount of the company's VAT credit, the company may apply for an annual, quarterly or monthly refund.

Annual VAT refund

It is possible when the amount of the VAT credit is at least € 150.

It is possible when the amount of the VAT credit is at least € 150.

To apply for an annual VAT credit refund, the VAT credit amount must be at less than €150.

The application must be made at the time of the January VAT return corresponding to the VAT of the month of December or the 4e quarter.

The refund application must be made using the form #3519.

Quarterly Reimbursement

It is possible when the amount of the VAT credit is at least € 760.

It is possible when the amount of the VAT credit is at least € 760.

To apply for a quarterly VAT credit refund, the VAT credit must be or at least equal to €760.

A request can be made the month following the first three quarters of the year. In other words, the refund can be claimed on the VAT return made between 15 and 24 April, 15 and 24 July or 15 and 24 October.

The application must be made using the form #3519. The company must also attach to its refund application the invoices which indicate the amount of VAT for which it is requesting a refund.

Monthly Refund

It is possible when the amount of the VAT credit is at least € 760.

It is possible when the amount of the VAT credit is at least € 760.

To apply for a monthly VAT credit refund, the VAT credit must be or at least equal to €760.

The request has to be made every month at the time of the company's VAT return using the #3519.

Although VAT on business purchases is in principle deductible, certain purchases of goods or services are excluded.

Examples include:

  • Goods or services relating to accommodation provided free of charge to the company's managers and staff. This does not apply to guarding, security or surveillance personnel housed on construction sites or on the premises of the company.
  • Gifts not exceeding €73 VAT per object per year for the same beneficiary (to customers, suppliers or staff)
  • Goods or services used in more than 90% for purposes outside the company (for example, a contractor buys software that they use at more than 90% for personal needs)
  • Vehicles designed for the transport of persons or for mixed use (professional and personal use) and belonging to the company. This does not apply to passenger transport companies, car rental companies subject to VAT and driving schools.

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