Pharmaceuticals

Meridian tax technology provides automated and compliant VAT determination for businesses that operate in an industry that is characterised by complex cross-border supply chains.

SAP Tax technology solutions in a complex and changing global pharmaceutical market.

The pharmaceutical industry is characterised by complex supply chains including the use of exemptions, such as special licences and Toll manufacturing
Other common issues may include extended reverse charge (due to foreign VAT registrations), triangulation, and even cross border pipeline transactions.

Meridian tax technology solutions enable global companies in the pharmaceutical industry to achieve automated and compliant determination of VAT including scenarios where VAT may or may not be required to be charged.

Key Challenges for SAP VAT determination in the the pharmaceuticals industry

Complex supply chains

The pharmaceutical industry is characterised by complex supply chains where transport and logistics issues need to be considered when determining the VAT treatment. For example, companies will often be involved in cross border customer pickup scenarios (signified by the incoterms or shipping conditions or routes used). As such, businesses need to ensure that their solution correctly understands whether to charge VAT on such transactions.

Toll manufacturing

Within the pharmaceutical industry it is common to see the use of toll manufacturing within complex supply chains. This typically involves retaining ownership of products whilst they are worked on by a toll manufacturer. As such, businesses may need to have a system in place to ensure that they can correctly identify the sale or purchase of toll manufacturing services whilst ensuring that any movements of own goods capture the correct VAT reporting.

Tax destination and tax departure country

Typically, businesses within the pharmaceutical industry will be involved in supply chains that include three of more parties. Where such supply chains involve the cross-border movement of goods, it is imperative to correctly determine the tax departure and destination countries for each leg of the transaction as this will impact where such sales and purchases are reported for VAT purposes.

Triangulation

Many pharmaceutical companies are involved in transactions that potentially qualify for the EU triangulation simplification. As the rules surrounding EU triangulation are very complex, it is best practice to ensure that the SAP system can automatically recognise where the simplification is applicable (rather than be reliant on non VAT experts such as sales order staff or AP clerks).

Extended reverse charge

Many companies in the pharmaceutical industry have foreign VAT registrations. Where businesses have in place such VAT registrations, it will often be necessary to consider local extended reverse charge rules which may be dependent on the status of the supplying and buying entity.

Pipeline Settlement

Some companies within the pharmaceutical industry will supply or purchase materials on an ongoing basis via a pipeline. SAP has created some standard functionality to handle such flows via Pipeline Settlement process. Particular care needs to be taken from a VAT perspective where a business is involved in cross border pipeline flows.

Special license

Where companies are habitual exporters, they may be able to apply for a special license that enables them to make a certain amount of purchases VAT free. Such special licenses are typically used in countries such as Italy, France and Ireland. Where a business is involved in special license flows the VAT requirements can become particularly complex where there is a threshold assigned to a specific customer license.

How Meridian tax technology address the pharmaceutical industry’s complex requirements for SAP VAT determination

1. Supply chains involving customer pick up scenarios

Where a company is involved in an intra EU dispatch or an export, and the customer is picking up the goods, the vendor needs to decide whether to continue to exempt the supply or charge local VAT. Such policies are typically dependent on whether the selling entity can trust its customers to provide relevant logistics documentation proving that the goods have left the country.

As such, Meridian functionality, via the VAT Add-on and Arco solutions, allows businesses to set a default trusted or non-trusted policy for such customer pickups. There is then the possibility to handle customer exceptions via a whitelist or a blacklist (depending on the default policy chosen). This ensures that business have full flexibility to manage customer pick up scenarios based on their default policy and customer profile.

2. Toll manufacturing

Where a business is involved in a toll manufacturing supply chain, it is important that the system distinguishes between any services supplied or received with the actual goods movements (which typically doesn’t involve transfer of ownership). The Meridian functionality has specific functionality to recognise which supply chains should be identified as a sale or purchase or services (even where the underlying SAP process suggests a flow in goods). Such functionality can thereby ensure that toll manufacturing is treated distinctly to the underlying movement of goods and is correctly reported for VAT purposes.

3. Tax destination and departure country

The pharmaceutical industry is characterised by complex supply chains involving three or more parties. As such, Meridian tax technology has functionality to automatically determine the tax destination and tax departure countries for each leg of the transactions. Such functionality is based on default approaches used by Meridian functionality as well as the flexible use of over-ride tables to handle specific flows that may require a different treatment.

4. Triangulation

The Meridian solution has some very detailed functionality to automatically recognise triangulation flows both from an inbound and outbound perspective. This functionality ensures that key VAT determination characteristics (such as the Customer Tax Classification on the sales side) are dynamically updated within SAP thereby ensuring that the correct triangulation tax codes can be triggered automatically (without relying on end-users).

The Meridian triangulation functionality considers many complexities including the following:

  • Party C needing to be VAT registered in the destination country
  • Whether Party C is picking up the goods in Country A in which case triangulation cannot be applied
  • Whether Party B is VAT registered in the destination country (and if so, whether Country C still allows the application of triangulation in such circumstances)
  • Whether goods are delivered to a fourth party (Party D) in Country C (and if so, whether Country C still allows the application of triangulation in such circumstances)

5. Extended reverse charge

Where a business has a foreign VAT registration it may need to consider local extended reverse charge rules. This can mean that VAT is not charged by the supplier on a local supply but instead accounted for the customer via a reverse charge mechanism. Meridian has detailed functionality to dynamically update key VAT determination characteristics (such as the Customer Tax Classification on the sales side) to ensure that an extended reverse charge tax code is automatically triggered.

The Meridian extended reverse charge functionality considers many complexities including the following:

  • The status of the selling company (whether locally established and / or VAT registered)
  • The status of the customer (whether locally established and / or VAT registered)
  • Whether or not the selling company / or customer have a local fiscal representative

6. Pipeline Settlement

Where a business is involved in cross border pipeline flows, it is important to carefully consider the correct tax departure country and tax destination country. In order to handle such complexities, the Meridian solution has in place a flexible table-based approach to set the tax departure country and destination country in an automated manner.

7. Special License

Where businesses are involved in special licenses this can involve transactions that need to be exempted for VAT purposes as well as requirements to monitor thresholds and keeping an up-to-date register of transactions made against special licenses. As such, Meridian tax technology has detailed functionality to ensure that:

  • Both sales and purchase transactions automatically trigger a relevant special license tax code where applicable (e.g. through the use of a dynamically updated Customer tax classification on the sales side)
  • The amount billed against a special license is automatically updated within the Meridian solution and compared to the overall license amount (such that VAT is charged as normal if an invoice amount exceeds the remaining amount on a license)
  • Billing documents (where the special license is applicable) are included within a specific register so that such information can be provided to tax authorities on request during a tax audit

VAT Considerations in Toll Manufacturing: Classification of Supplies

The VAT treatment of manufacturing arrangements in the pharmaceuticals sector continues to present significant challenges for businesses operating across borders. In particular, toll manufacturing raises complex questions regarding whether the activities performed constitute a supply of goods or a supply of services.
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Definition and Scope of Toll Manufacturing

Toll manufacturing refers to an arrangement whereby the principal company dispatches goods to a third-party manufacturer

VAT Characterisation: Goods or Services?

The main VAT issue in toll manufacturing lies in determining whether the activities performed by the manufacturer constitute a supply of services or a supply of goods.

System Challenges and Solutions

For ERP systems like SAP, VAT determination is often complicated by the way purchase orders (PO’s) and invoices are structured

Teva partnered with Meridian Global Services to implement the Meridian VAT Add-On for SAP

Meridian’s VAT Add-On solution delivered stronger compliance, significant efficiency gains, and a scalable VAT framework that Teva successfully rolled out to new markets independently.
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Some Meridian customers in the Pharmaceuticals industry

Interested? Find our more about our solutions!

Meridian VAT technology solutions have been developed for your SAP system environment. Arco is a Cloud based solution for BTP and S/4 HANA installations. VAT Add-on sits within your SAP system and works with both ECC and S/4 HANA.