What changed, Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax

− 1. This Directive establishes the common system of value added tax (VAT).
− 2. The principle of the common system of VAT entails the application to goods and services of a general tax on consumption exactly proportional to the price of the goods and services, however many transactions take place in the production and distribution process before the stage at which the tax is…
− 1. The following transactions shall be subject to VAT:
− (a) the supply of goods for consideration within the territory of a Member State by a taxable person acting as such;
− (b) the intra-Community acquisition of goods for consideration within the territory of a Member State by: (i) a taxable person acting as such, or a non-taxable legal person, where the vendor is a taxable person acting as such who is not eligible for the exemption for small enterprises provided for i…
− (c) the supply of services for consideration within the territory of a Member State by a taxable person acting as such;
− (d) the importation of goods.
− 2.
− (a) For the purposes of point (ii) of paragraph 1(b), the following shall be regarded as ‘means of transport’, where they are intended for the transport of persons or goods: (i) motorised land vehicles the capacity of which exceeds 48 cubic centimetres or the power of which exceeds 7,2 kilowatts; (i…
− (b) These means of transport shall be regarded as ‘new’ in the cases: (i) of motorised land vehicles, where the supply takes place within six months of the date of first entry into service or where the vehicle has travelled for no more than 6 000 kilometres; (ii) of vessels, where the supply takes p…
− (c) Member States shall lay down the conditions under which the facts referred to in point (b) may be regarded as established.
− 3. ‘Products subject to excise duty’ shall mean energy products, alcohol and alcoholic beverages and manufactured tobacco, as defined by current Community legislation, but not gas supplied through a natural gas system situated within the territory of the Community or any network connected to such a …
− 1. By way of derogation from Article 2(1)(b)(i), the following transactions shall not be subject to VAT:
− (a) the intra-Community acquisition of goods by a taxable person or a non-taxable legal person, where the supply of such goods within the territory of the Member State of acquisition would be exempt pursuant to Articles 148 and 151;
− (b) the intra-Community acquisition of goods, other than those referred to in point (a) and Article 4, and other than new means of transport or products subject to excise duty, by a taxable person for the purposes of his agricultural, forestry or fisheries business subject to the common flat-rate sc…
− 2. Point (b) of paragraph 1 shall apply only if the following conditions are met:
− (a) during the current calendar year, the total value of intra-Community acquisitions of goods does not exceed a threshold which the Member States shall determine but which may not be less than EUR 10 000 or the equivalent in national currency;
− (b) during the previous calendar year, the total value of intra-Community acquisitions of goods did not exceed the threshold provided for in point (a).
− 3. Member States shall grant taxable persons and non-taxable legal persons eligible under point (b) of paragraph 1 the right to opt for the general scheme provided for in Article 2(1)(b)(i).
− 1. This Directive shall not apply to the following territories forming part of the customs territory of the Community:
− (a) Mount Athos;
− (b) the Canary Islands;
− (c) the French territories referred to in Article 349 and Article 355(1) of the Treaty on the Functioning of the European Union;
− (d) the Åland Islands;
− (e) the Channel Islands;
− (f) Campione d'Italia;
− (g) the Italian waters of Lake Lugano.
− 2. This Directive shall not apply to the following territories not forming part of the customs territory of the Community:
− (a) the Island of Heligoland;
− (b) the territory of Büsingen;
+ **1.** This Directive establishes the common system of value added tax (VAT).
+ **2.** The principle of the common system of VAT entails the application to goods and services of a general tax on consumption exactly proportional to the price of the goods and services, however many transactions take place in the production and distribution process before the stage at which the ta…
+ **1.** The following transactions shall be subject to VAT:(a) the supply of goods for consideration within the territory of a Member State by a taxable person acting as such;(b) the intra-Community acquisition of goods for consideration within the territory of a Member State by:(i) a taxable person …
+ **2.** (a) For the purposes of point (ii) of paragraph 1(b), the following shall be regarded as ‘means of transport’, where they are intended for the transport of persons or goods:(i) motorised land vehicles the capacity of which exceeds 48 cubic centimetres or the power of which exceeds 7,2 kilowat…
+ **3.** ‘Products subject to excise duty’ shall mean energy products, alcohol and alcoholic beverages and manufactured tobacco, as defined by current Community legislation, but not gas supplied through a natural gas system situated within the territory of the Community or any network connected to suc…
+ **1.** By way of derogation from Article 2(1)(b)(i), the following transactions shall not be subject to VAT:(a) the intra-Community acquisition of goods by a taxable person or a non-taxable legal person, where the supply of such goods within the territory of the Member State of acquisition would be …
+ **2.** Point (b) of paragraph 1 shall apply only if the following conditions are met:(a) during the current calendar year, the total value of intra-Community acquisitions of goods does not exceed a threshold which the Member States shall determine but which may not be less than EUR 10 000 or the equ…
+ **3.** Member States shall grant taxable persons and non-taxable legal persons eligible under point (b) of paragraph 1 the right to opt for the general scheme provided for in Article 2(1)(b)(i).
+ **1.** This Directive shall not apply to the following territories forming part of the customs territory of the Community:(a) Mount Athos;(b) the Canary Islands;▼M13(c) the French territories referred to in Article 349 and Article 355(1) of the Treaty on the Functioning of the European Union;▼B(d) t…
+ **2.** This Directive shall not apply to the following territories not forming part of the customs territory of the Community:(a) the Island of Heligoland;(b) the territory of Büsingen;(c) Ceuta;(d) Melilla;(e) Livigno.▼M22 —————▼B
+ **1.** In view of the conventions and treaties concluded with France, the United Kingdom and Cyprus respectively, the Principality of Monaco, the Isle of Man and the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia shall not be regarded, for the purposes of the application of this Direct…
+ **2.** Member States shall take the measures necessary to ensure that transactions originating in or intended for the Principality of Monaco are treated as transactions originating in or intended for France, that transactions originating in or intended for the Isle of Man are treated as transactions…
+ **1.** ‘Taxable person’ shall mean any person who, independently, carries out in any place any economic activity, whatever the purpose or results of that activity.
+ **2.** In addition to the persons referred to in paragraph 1, any person who, on an occasional basis, supplies a new means of transport, which is dispatched or transported to the customer by the vendor or the customer, or on behalf of the vendor or the customer, to a destination outside the territor…
+ **1.** Member States may regard as a taxable person anyone who carries out, on an occasional basis, a transaction relating to the activities referred to in the second subparagraph of Article 9(1) and in particular one of the following transactions:(a) the supply, before first occupation, of a buildi…
+ **2.** For the purposes of paragraph 1(a), ‘building’ shall mean any structure fixed to or in the ground.
+ **3.** For the purposes of paragraph 1(b), ‘building land’ shall mean any unimproved or improved land defined as such by the Member States.
+ **1.** States, regional and local government authorities and other bodies governed by public law shall not be regarded as taxable persons in respect of the activities or transactions in which they engage as public authorities, even where they collect dues, fees, contributions or payments in connecti…
+ **2.** Member States may regard activities, exempt under Articles 132, 135, 136 and 371, Articles 374 to 377, Article 378(2), Article 379(2) or Articles 380 to 390b, engaged in by bodies governed by public law as activities in which those bodies engage as public authorities.
+ **1.** ‘Supply of goods’ shall mean the transfer of the right to dispose of tangible property as owner.
+ **2.** In addition to the transaction referred to in paragraph 1, each of the following shall be regarded as a supply of goods:(a) the transfer, by order made by or in the name of a public authority or in pursuance of the law, of the ownership of property against payment of compensation;(b) the actu…
+ **3.** Member States may regard the handing over of certain works of construction as a supply of goods.
+ **1.** Electricity, gas, heat or cooling energy and the like shall be treated as tangible property.
+ **2.** Member States may regard the following as tangible property:(a) certain interests in immovable property;(b) rights in rem giving the holder thereof a right of use over immovable property;(c) shares or interests equivalent to shares giving the holder thereof de jure or de facto rights of owner…
+ **1.** The transfer by a taxable person of goods forming part of his business assets to another Member State shall be treated as a supply of goods for consideration.
+ **2.** The dispatch or transport of goods for the purposes of any of the following transactions shall not be regarded as a transfer to another Member State:(a) the supply of the goods by the taxable person within the territory of the Member State in which the dispatch or transport ends, in accordanc…
+ **3.** If one of the conditions governing eligibility under paragraph 2 is no longer met, the goods shall be regarded as having been transferred to another Member State. In such cases, the transfer shall be deemed to take place at the time when that condition ceases to be met.
+ **1.** The transfer by a taxable person of goods forming part of his business assets to another Member State under call-off stock arrangements shall not be treated as a supply of goods for consideration.
+ **2.** For the purposes of this Article, call-off stock arrangements shall be deemed to exist where the following conditions are met:(a) goods are dispatched or transported by a taxable person, or by a third party on his behalf, to another Member State with a view to those goods being supplied there…
+ **3.** Where the conditions laid down in paragraph 2 are met, the following rules shall apply at the time of the transfer of the right to dispose of the goods as owner to the taxable person referred to in point (c) of paragraph 2, provided that the transfer occurs within the deadline referred to in …