How does reverse charge (§13b UStG) work for German businesses receiving foreign invoices?
Under §13b UStG, German businesses receiving certain supplies — including B2B services from EU and non-EU businesses, construction services, and electronic services — must self-assess Umsatzsteuer as the recipient rather than the supplier charging it. The buyer reports both output and input USt, creating a net-neutral position for VAT-registered businesses.
Detailed Explanation
The reverse charge mechanism (Umkehr der Steuerschuldnerschaft) transfers VAT accounting from the supplier to the customer (Leistungsempfänger). In normal circumstances, the supplier charges USt; under reverse charge, the customer self-assesses it. For VAT-registered businesses, this is typically tax-neutral — you report output USt and simultaneously claim it as Vorsteuer.\n\nWhen reverse charge applies under §13b UStG\nThe main scenarios:\n1. Services from EU businesses (§13b Abs. 1 UStG): if a German USt-registered business receives services from a business in another EU member state, reverse charge applies. The German recipient reports the German VAT. Example: a German GmbH receives legal advice from a French law firm. The French firm invoices without French VAT. The German GmbH self-assesses German USt at 19% and simultaneously reclaims it as Vorsteuer.\n2. Services from non-EU businesses: same principle for services received from businesses outside the EU (§13b Abs. 2 Nr. 1 UStG). Example: a German company subscribing to US-based SaaS — the US supplier typically invoices without German USt; the German recipient self-assesses.\n3. Construction services (Bauleistungen, §13b Abs. 2 Nr. 4 UStG): if a German construction company provides services to another construction company, reverse charge applies. The recipient accounts for the USt.\n4. Real estate transaction services, security services, metal trading, and certain other sectors: also covered under §13b.\n\nHow to handle a reverse charge invoice\nWhen you receive an invoice from an EU or non-EU supplier with no VAT charged (or with a note like 'VAT zero-rated — reverse charge applies' or 'Steuerschuldnerschaft des Leistungsempfängers gemäß §13b UStG'), you:\n1. Calculate the German USt on the net invoice amount (19% standard or 7% reduced as appropriate)\n2. Report this as output USt in your Voranmeldung (Kennzahl 77 or the appropriate box)\n3. Simultaneously claim the same amount as Vorsteuer (Kennzahl 67)\n4. Net effect: zero additional tax for a fully VAT-registered business with taxable supplies only\n\nFor businesses with exempt or partially exempt supplies (e.g., some financial services, insurance, residential real estate), the Vorsteuer on reverse charge supplies may be partially or fully blocked — making the reverse charge a real cost in those cases.\n\nInvoicing: what you should issue as a German supplier\nIf you are a German business providing services to a VAT-registered customer in another EU country, you should:\n- Issue an invoice without German USt\n- Include your USt-IdNr. (DE...)\n- Include the customer's verified USt-IdNr. (verified via EU VIES)\n- Add the note: 'Steuerschuldnerschaft des Leistungsempfängers / VAT reverse charge — Article 196 EU VAT Directive'\n- Report the supply in the Zusammenfassende Meldung (ZM) as an intra-EU service supply\n\nZusammenfassende Meldung (ZM)\nGerman businesses making intra-EU supplies of goods or services to VAT-registered customers in other EU countries must file a ZM (recapitulative statement) reporting each customer's VAT number and the total supply value. Monthly ZM for goods supplies over certain thresholds; quarterly for services. Filed via ELSTER by the 25th of the following month (goods) or quarter.\n\nB2C digital services: OSS scheme\nIf your business sells digital services (streaming, software, apps, online courses) directly to private consumers (non-business customers) in other EU countries, the reverse charge does NOT apply — you charge the local VAT rate of the customer's country. German businesses in this position must register for the OSS (One Stop Shop) scheme via the BZSt and report EU-wide B2C digital service sales in a quarterly OSS return, rather than registering in each EU country separately.
Source: https://www.bzst.de/DE/Unternehmen/Umsatzsteuer/umsatzsteuer_node.html
Real-World Examples
German GmbH receiving US SaaS invoice
A Hamburg GmbH subscribes to a US cloud software service for €1,000/month. The US supplier invoices €1,000 with no VAT. The GmbH self-assesses €190 German USt (19%) as output tax and simultaneously claims €190 as Vorsteuer in the monthly Voranmeldung. Net USt cost: zero.
German business providing services to French client
A Berlin IT consultancy invoices a French company €10,000 for software development. The invoice shows €10,000 net, includes both parties' USt-IdNr., and states reverse charge applies. The French company self-assesses French TVA at 20%. The Berlin consultancy reports the supply in its ZM.
Construction subcontractor reverse charge
A Munich roofing company (USt-registered) provides €50,000 of work to a general contractor building a commercial property. Both are construction companies subject to §13b. The roofing company invoices €50,000 net without USt; the general contractor self-assesses €9,500 USt and reclaims it as Vorsteuer.
Common Mistakes to Avoid
- Failing to self-assess reverse charge USt on foreign service invoices — ELSTER may trigger a query and the Finanzamt can assess the USt as if it had never been declared (though it also allows the simultaneous Vorsteuer claim in most cases)
- Not verifying the EU customer's USt-IdNr. before applying zero-rate on B2B EU exports — if the number is invalid, German USt should have been charged and you are liable for it
- Confusing B2B and B2C digital services — reverse charge only works for B2B. B2C digital services to EU consumers require OSS registration, not reverse charge
- Not filing the Zusammenfassende Meldung for intra-EU service supplies — the ZM is legally required for all intra-EU B2B service supplies regardless of value
Frequently Asked Questions
Does reverse charge apply if my German supplier charges me German VAT anyway?
If a foreign supplier incorrectly charges German VAT, you should ask them to reissue without VAT and apply reverse charge correctly. If they have already paid the incorrectly charged VAT to their local authority, refunding can be complex. A correctly issued invoice without VAT plus reverse charge is the proper treatment for EU B2B services.
What is the Zusammenfassende Meldung (ZM) and when must I file it?
The ZM is the intra-EU recapitulative statement of all cross-border B2B supplies of goods and services to EU VAT-registered customers. It is filed via ELSTER. Goods supplies: monthly by the 25th if >€50,000/quarter (otherwise quarterly by the 25th of the month after the quarter). Services: quarterly by the 25th of the following month.
What is VIES and why is it important for reverse charge?
VIES (VAT Information Exchange System) is the EU database for verifying VAT numbers. Before applying zero-rate on EU B2B supplies, you must verify the customer's USt-IdNr. via VIES (available at ec.europa.eu/vies). If the number is invalid at the time of supply and you applied zero-rate, you are liable for the German USt — the invalid number is not a defence.
Does reverse charge apply to goods imported from outside the EU?
No — imported goods from outside the EU attract Einfuhrumsatzsteuer (import VAT), not the §13b reverse charge. Import VAT is collected by customs at the point of entry into the EU and is reclaimable as Vorsteuer if used for taxable business purposes. Reverse charge is specifically for services and specific domestic supplies.
What is the OSS scheme and do I need it?
The OSS (One Stop Shop) scheme allows businesses selling B2C digital services, electronic services, or certain B2C goods across EU countries to report and pay all EU countries' VAT via a single quarterly return in Germany. Instead of registering in each EU country where you have B2C digital customers, you register for OSS via the BZSt and file one return covering all EU countries. Registration is via bundeszentralamt.de.
Practical Tips
- Create a clear internal process for all foreign invoices received: check if reverse charge applies, book the Vorsteuer entry in your accounting software, and ensure both the output USt and Vorsteuer appear in the correct Voranmeldung fields
- Maintain a record of all VIES lookups when issuing zero-rated EU B2B invoices — timestamp the lookup result as evidence that the customer's USt-IdNr. was valid at the time of supply
- Register for OSS via the BZSt if you sell digital products or services to private consumers in multiple EU countries — this simplifies compliance significantly and avoids multi-country registration
- AccountsOS automatically identifies reverse charge scenarios on foreign invoices and books the self-assessment USt and Vorsteuer entries, ensuring Voranmeldungen reflect the correct amounts without manual calculation
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