11C. Time of supply: reverse charge supplies

the person or branch that in fact supplies the distantly taxable goods or services to the recipient issues an invoice, or the recipient pays any consideration for those distantly taxable goods or services; or

where both events occur, the first of the 2 events occurs,to the extent that the supply of distantly taxable goods or services is covered by the invoice or consideration.

a supply of distantly taxable goods or services that is made to a recipient gives rise to a reverse charge supply;

the recipient pays an amount to the supplier (whether directly or indirectly) as tax on the supply of goods or services in fact made to the recipient purportedly under section 8(1A) (whether or not the supply was in fact chargeable to tax under section 8(1A)); and

the supplier reimburses the recipient (whether directly or indirectly) for that amount,then the recipient may treat the reverse charge supply as taking place at the earlier of —

the date on which a revised invoice in respect of the supply in fact made is issued by the supplier; and

the date on which the recipient receives the reimbursement of that amount,to the extent that the supply is covered by the revised invoice, or by consideration paid for that supply, as reduced by the reimbursement.

the date on which the supply in fact made to the recipient and giving rise to that reverse charge supply is entered into the books of account or other records of the recipient; and

the date on which the recipient pays any consideration for that supply,to the extent that the supply of distantly taxable goods or services is covered by the entry or consideration.

the date on which the supply for which reimbursement of the amount was received is entered into the books of account or other records of the recipient; and

the date on which the recipient received reimbursement of the amount,to the extent that the supply is covered by the entry or consideration paid for that supply as reduced by the reimbursement.

a supply of distantly taxable goods mentioned in section 14(1)(a)(i), or a supply of services mentioned in section 14(1)(b)(i), that is between connected persons within the meaning of paragraph 3 of the Third Schedule;

a supply of distantly taxable goods mentioned in section 14(1)(a)(ii) or a supply of services mentioned in section 14(1)(b)(ii); or

a supply of distantly taxable goods or a supply of services mentioned in section 30(1A),then the reverse charge supply takes place at the end of 12 months after the distantly taxable goods are delivered or the services are performed (as the case may be), to the extent that it is not covered by any invoice already issued or consideration already paid.

the recipient is a taxable person receiving distantly taxable goods or services mentioned in section 14(1);

but for this subsection, the reverse charge supply would be treated under this section as taking place after the date on which the recipient becomes a taxable person; and

the Comptroller is satisfied that the distantly taxable goods have been delivered or that the services have been performed (as the case may be), prior to that date,then the recipient may treat the reverse charge supply as taking place when the distantly taxable goods were delivered (to the extent of the delivery) or the services were performed (to the extent of the performance).

distantly taxable goods are delivered, or services are in fact performed by the person or branch mentioned in section 14(1)(b), whether on a single occasion or on different occasions;

the recipient then ceases to be a taxable person; and

no invoice or consideration covering the whole of the supply has been issued or paid (as the case may be) before the recipient ceases to be a taxable person,the reverse charge supply is treated as taking place on the day immediately before the day the recipient ceases to be a taxable person, to the extent that it is not covered by any invoice already issued or consideration already paid.

a longer period (mentioned in section 20(4) for the purposes of the adjustment of input tax claims of the recipient) is applicable under this Act to a recipient; and

the recipient satisfies such other criteria as the Comptroller may specify,then —

the recipient may elect to treat its reverse charge supplies that would (but for this subsection) take place in the longer period, as taking place on the day immediately after the last day of the longer period; and

if the recipient makes such an election and ceases on any day in a longer period to be a taxable person (called in this paragraph the day of cessation), the reverse charge supplies of the recipient that would (but for this subsection) take place in the longer period but before the day of cessation, are treated as taking place on the day immediately before the day of cessation.