The informative M349 form includes a critical method for filing the declaration to the tax office for businesses involved in intra-community transactions. While it is generally filed monthly, there are specific rules and exceptions regarding its frequency. Below is a breakdown of the guidelines, along with practical examples to clarify the difference between monthly and quarterly submissions.
Monthly Filing
The general rule is to file the M349 monthly, with deadlines as follows:
- By the 20th of the following month, except for:
- July transactions: Due by the 20th of September.
- December transactions: Due by the 30th of January.
Quarterly Filing
Businesses can file quarterly if their total intra-community sales (excluding VAT) do not exceed 50.000€ during the current quarter and each of the four preceding quarters. The deadline is the 20th of the month following the quarter’s end, with the exception of the fourth quarter, which deadline is the 30th of January.
Exceeding the 50,000€ Threshold
If, during a quarter, intra-community sales is above 50.000€, businesses must switch to monthly filing. In such cases the following steps should be taken:
- File the M349 for the month(s) that have passed since the beginning of the quarter.
- Submit it by the 20th of the following month.
- Continue with monthly filings going forward.
Examples of Filing Scenarios
- Example 1
A company needs to report 60.000€ in intra community sales in January.- Action: File the M349 for January by the 20th of February and continue with monthly submissions.
- Example 2
A new company needs to report 30.000€ in intra community sales in January and 30.000€ in February.- Action: Submit a bi-monthly M.349 covering January and February by the 20th of March and continue monthly.
- Example 3
A new company needs to report 30.000€ in intra community sales in January, 10.000€ in February, and 20.000€ in March.- Action: File a single M349 for January, February, and March by the 20th of April, then proceed with monthly filings.
By understanding these rules and adapting filing practices accordingly, businesses can ensure compliance with intra community reporting requirements and avoid penalties.
