Chapter 12

Member States which might encounter difficulties in applying the normal VAT arrangements to small enterprises, by reason of the activities or…

The exemptions and graduated tax relief provided for in this Section shall apply to the supply of goods and services by small enterprises.

1. The arrangements provided for in this Section shall not apply to the following transactions:

1. Member States which have exercised the option under Article 14 of Council Directive 67/228/EEC of 11 April 1967 on the harmonisation of…

Member States which have not exercised the option under Article 14 of Directive 67/228/EEC may exempt taxable persons whose annual turnover is no…

Member States which, at 17 May 1977, exempted taxable persons whose annual turnover was equal to or higher than the equivalent in national currency…

Member States which acceded after 1 January 1978 may exempt taxable persons whose annual turnover is no higher than the equivalent in national…

The turnover serving as a reference for the purposes of applying the arrangements provided for in this Section shall consist of the following…

Taxable persons exempt from VAT shall not be entitled to deduct VAT in accordance with Articles 167 to 171 and Articles 173 to 177, and may not show…

Taxable persons who are entitled to exemption from VAT may opt either for the normal VAT arrangements or for the simplified procedures provided for…

Subject to the application of Article 281, taxable persons enjoying graduated relief shall be regarded as taxable persons subject to the normal VAT…

The arrangements provided for in this Section shall apply until a date to be fixed by the Council in accordance with Article 93 of the Treaty, which…

Every four years starting from the adoption of this Directive, the Commission shall present to the Council, on the basis of information obtained from…

The Council shall decide, in accordance with Article 93 of the Treaty, whether a special scheme for small enterprises is necessary under the…

1. For the purposes of this Chapter, the following definitions shall apply:

1. Where the application to farmers of the normal VAT arrangements, or the special scheme provided for in Chapter 1, is likely to give rise to…

Member States shall, where necessary, fix the flat-rate compensation percentages. They may fix varying percentages for forestry, for the different…

The flat-rate compensation percentages shall be calculated on the basis of macro-economic statistics for flat-rate farmers alone for the preceding…

The flat-rate compensation percentages may not have the effect of obtaining for flat-rate farmers refunds greater than the input VAT charged.

The flat-rate compensation percentages shall be applied to the prices, exclusive of VAT, of the following goods and services:

1. In the case of the supply of agricultural products or agricultural services specified in Article 300, Member States shall provide that the…

If a flat-rate farmer is entitled to flat-rate compensation, he shall not be entitled to deduction of VAT in respect of activities covered by this…

1. Where the taxable customer pays flat-rate compensation pursuant to Article 301(1), he shall be entitled, in accordance with the conditions laid…

Member States shall take all measures necessary to verify payments of flat-rate compensation to flat-rate farmers.

Whenever Member States apply this flat-rate scheme, they shall take all measures necessary to ensure that the supply of agricultural products between…

1. Member States shall apply a special VAT scheme, in accordance with this Chapter, to transactions carried out by travel agents who deal with…

Transactions made, in accordance with the conditions laid down in Article 306, by the travel agent in respect of a journey shall be regarded as a…

The taxable amount and the price exclusive of VAT, within the meaning of point (8) of Article 226, in respect of the single service provided by the…

If transactions entrusted by the travel agent to other taxable persons are performed by such persons outside the Community, the supply of services…

VAT charged to the travel agent by other taxable persons in respect of transactions which are referred to in Article 307 and which are for the direct…

1. For the purposes of this Chapter, and without prejudice to other Community provisions, the following definitions shall apply:

For the purposes of this Subsection, the following definitions shall apply:

1. In respect of the supply of second-hand goods, works of art, collectors' items or antiques carried out by taxable dealers, Member States shall…

The margin scheme shall apply to the supply by a taxable dealer of second-hand goods, works of art, collectors' items or antiques where those goods…

The taxable amount in respect of the supply of goods as referred to in Article 314 shall be the profit margin made by the taxable dealer, less the…

1. Member States shall grant taxable dealers the right to opt for application of the margin scheme to the following transactions:

If a taxable dealer exercises the option under Article 316, the taxable amount shall be determined in accordance with Article 315.

1. In order to simplify the procedure for collecting the tax and after consulting the VAT Committee, Member States may provide that, for certain…

The taxable dealer may apply the normal VAT arrangements to any supply covered by the margin scheme.

1. Where the taxable dealer applies the normal VAT arrangements to the supply of a work of art, a collectors' item or an antique which he has…

If carried out in accordance with the conditions specified in Articles 146, 147, 148 or 151, the supply of second-hand goods, works of art…

In so far as goods are used for the purpose of supplies carried out by him and subject to the margin scheme, the taxable dealer may not deduct the…

Taxable persons may not deduct from the VAT for which they are liable the VAT due or paid in respect of goods which have been, or are to be, supplied…

Where the taxable dealer applies both the normal VAT arrangements and the margin scheme, he must show separately in his accounts the transactions…

The taxable dealer may not enter separately on the invoices which he issues the VAT relating to supplies of goods to which he applies the margin…

Member States which, at 31 December 1992, were applying special tax arrangements other than the margin scheme to the supply by taxable dealers of…

1. These transitional arrangements shall apply to supplies of second-hand means of transport carried out by taxable dealers, and subject to the…

The VAT due in respect of each supply referred to in Article 327 shall be equal to the amount of VAT that would have been due if that supply had been…

The VAT regarded as being incorporated by the taxable dealer in the purchase price of the means of transport shall be calculated in accordance with…

The VAT due in respect of each supply of means of transport as referred to in Article 327(1), determined in accordance with Article 328, may not be…

Taxable persons may not deduct from the VAT for which they are liable the VAT due or paid in respect of second-hand means of transport supplied to…

The taxable dealer may not enter separately on the invoices he issues the VAT relating to supplies to which he applies these transitional…

1. Member States may, in accordance with the provisions of this Section, apply special arrangements for taxation of the profit margin made by an…

These special arrangements shall apply to supplies carried out by an organiser of a sale by public auction, acting in his own name, on behalf of one…

The supply of goods to a taxable person who is an organiser of sales by public auction shall be regarded as taking place when the sale of those goods…

The taxable amount in respect of each supply of goods referred to in this Section shall be the total amount invoiced in accordance with Article 339…

The net amount paid or to be paid by the organiser of the sale by public auction to his principal shall be equal to the difference between the…

Organisers of sales by public auction who supply goods in accordance with the conditions laid down in Articles 333 and 334 must indicate the…

The organiser of the sale by public auction must issue to the purchaser an invoice itemising the following:

1. The organiser of the sale by public auction to whom the goods have been transmitted pursuant to a contract under which commission is payable on a…

Member States which apply the arrangements provided for in this Section shall also apply these arrangements to supplies of second-hand means of…

Member States may take measures concerning the right of deduction in order to ensure that the taxable dealers covered by special arrangements as…

Acting unanimously on a proposal from the Commission, the Council may authorise any Member State to introduce special measures to combat tax evasion…

1. For the purposes of this Directive, and without prejudice to other Community provisions, ‘investment gold’ shall mean:

Starting in 1999, each Member State shall inform the Commission by 1 July each year of the coins meeting the criteria laid down in point (2) of…

Member States shall exempt from VAT the supply, the intra-Community acquisition and the importation of investment gold, including investment gold…

Member States shall exempt the services of agents who act in the name and on behalf of another person, when they take part in the supply of…

Member States shall allow taxable persons who produce investment gold or transform gold into investment gold the right to opt for the taxation of…

1. Member States may allow taxable persons who, in the course of their economic activity, normally supply gold for industrial purposes, the right to…

Where the supplier has exercised the right under Articles 348 and 349 to opt for taxation, Member States shall allow the agent to opt for taxation of…

Member States shall lay down detailed rules for the exercise of the options provided for in this Section, and shall inform the Commission accordingly.

Each Member State may, after consulting the VAT Committee, apply VAT to specific transactions relating to investment gold which take place in that…

Member States which, pursuant to Article 352, tax transactions between taxable persons who are members of a regulated gold bullion market shall, for…

Where his subsequent supply of investment gold is exempt pursuant to this Chapter, the taxable person shall be entitled to deduct the following:

Taxable persons who produce investment gold or transform gold into investment gold shall be entitled to deduct the VAT due or paid by them in respect…

1. Member States shall ensure that traders in investment gold keep, as a minimum, accounts of all substantial transactions in investment gold and…

This Chapter shall apply until 31 December 2006.

For the purposes of this Chapter, and without prejudice to other provisions, the following definitions shall apply:

Member States shall permit any non-established taxable person supplying electronic services to a non-taxable person who is established in a Member…

The non-established taxable person shall state to the Member State of identification when he commences or ceases his activity as a taxable person, or…

1. The information which the non-established taxable person must provide to the Member State of identification when he commences a taxable activity…

The Member State of identification shall allocate to the non-established taxable person an individual VAT identification number and shall notify him…

The Member State of identification shall strike the non-established taxable person from the identification register in the following cases:

The non-established taxable person shall submit by electronic means to the Member State of identification a VAT return for each calendar quarter…

The VAT return shall show the identification number and, for each Member State of consumption in which VAT is due, the total value, exclusive of VAT…

1. The VAT return shall be made out in euro.

The non-established taxable person shall pay the VAT when submitting the VAT return.

The non-established taxable person making use of this special scheme may not deduct VAT pursuant to Article 168 of this Directive. Notwithstanding…

1. The non-established taxable person shall keep records of the transactions covered by this special scheme. Those records must be sufficiently…