Richtlijn 2006/112 - Gemeenschappelijke stelsel van btw - Hoofdinhoud

The EU’s common system of value added tax (VAT)

SUMMARY OF:

Directive 2006/112/EC — the EU’s common system of value added tax (VAT)

WHAT IS THE AIM OF THE DIRECTIVE?

It recasts and repeals the original sixth value added tax (VAT) directive, thus clarifying the EU’s VAT legislation currently in force.

KEY POINTS

VAT is applied to all transactions carried out in the EU for consideration (payment) by a taxable person, i.e. any individual or body that supplies taxable goods and services in the course of business. Imports by any person are also subject to VAT.

Taxable transactions include supplies of goods or services within a single EU country, intra-EU acquisitions of goods (goods supplied and dispatched or transported by a business in one EU country to a business in another) and imports of goods into the EU from outside.

Regarding the place of transaction, different rules apply depending on the nature of the transaction, the kind of product supplied and whether transport is involved.

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  Supply of goods — the place of taxation is where the goods are supplied.
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  Intra-EU acquisition of goods — the place of taxation is where the party acquiring goods has them delivered, i.e. the EU country where the goods are finally located after transport from another EU country.
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  Imports of goods — the place of taxation is where goods imported from non-EU countries are generally taxed, i.e. in the EU country where they arrive.
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  Supply of services — the place of taxation is where the services are supplied. This depends not only on the nature of the service supplied but also on the status of the customer receiving the service. To ensure that the service is taxed at the place where it is actually consumed, there are some exceptions to these general rules, such as:

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    services connected with immovable property (real estate);
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    passenger transport;
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    activities relating to culture, sport, education and entertainment;
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    restaurant services.

VAT is charged according to the nature of the transaction, e.g. when the goods or services are supplied. VAT may be charged for an intra-EU purchase when the supply of goods to the relevant EU country is completed. For imports into the EU, the chargeable event occurs when the goods are brought into an EU country.

The taxable amount for supply of goods and services and the intra-EU acquisition of goods includes all payments to the supplier . Where goods are imported, this amount is their value for customs purposes. Duties, taxes and other charges are included in the taxable amount but the VAT itself, price discounts and rebates granted to the customer are excluded.

The standard rate of VAT to be applied by all EU countries to goods and services is at least 15%. EU countries may apply one or two reduced rates of at least 5% to specific goods or services listed in Annex III to the directive. A number of arrangements which derogate from these rules (lower rates, reduced rates on other goods or services, etc.) also apply under certain conditions.

The directive allows for exemptions from VAT. Most of these are exemptions without the right to deduct, e.g. financial and insurance services, medical care or social services. However, exemptions with the right to deduct also exist, e.g. intra-EU supplies of goods or exports of goods to a non-EU country. Certain exemptions are obligatory for EU countries, while others are optional.

A taxable person has the right to deduct the amount of VAT paid on acquired goods or services in the EU country where these transactions are carried out. This input VAT can be deducted from VAT payable on taxable transactions, e.g. domestic supplies of goods or services. There is in general no right to deduct in the case of an economic activity that is exempt from VAT, or if the taxable person qualifies for a special scheme. In certain cases deductions may be limited or adjusted.

The directive sets out the obligations of taxable and certain non-taxable persons. Generally, VAT is payable by any taxable person making a taxable supply of goods or services. Exceptions include specific transactions where it is the customer who pays VAT, e.g. supplies of natural gas, and transactions where the EU country may choose to designate the customer to pay VAT, as with certain fraud-sensitive supplies such as emission allowances (until 31 December 2018).

The directive permits derogations by EU countries from standard VAT rules, e.g. to prevent certain types of tax evasion. There are also special VAT schemes designed to reduce paperwork, e.g. for small businesses and for farmers.

FROM WHEN DOES THE DIRECTIVE APPLY?

It applies from 1 January 2007. EU countries had to incorporate it into national law by 1 January 2008.

BACKGROUND

For more information, see:

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  VAT (European Commission).

MAIN DOCUMENT

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, pp. 1–118)

Successive amendments to Directive 2006/112/EC have been incorporated into the basic text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Council Directive 2009/132/EC of 19 October 2009 determining the scope of Article 143(b) and (c) of Directive 2006/112/EC as regards exemption from value added tax on the final importation of certain goods (OJ L 292, 10.11.2009, pp. 5-30)

Council Directive 2008/9/EC of 12 February 2008 laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State (OJ L 44, 20.2.2008, pp. 23-28)

See consolidated version.

Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries (OJ L 346, 29.12.2007, pp. 6-12)

Council Directive 2006/79/EC of 5 October 2006 on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries (codified version) (OJ L 286, 17.10.2006, pp. 15-18)

Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the field of value added tax and repealing Regulation (EEC) No 218/92 (-OJ L 264, 15.10.2003, pp. 111)

See consolidated version.

last update 20.11.2017

Deze samenvatting is overgenomen van EUR-Lex.