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

− **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.** Subject to the option under Article 103(1) of applying a reduced rate to the importation of works of art, collectors' items or antiques, the rate applicable to the importation of goods shall be that applied to the supply of like goods within the territory of the Member State.
− ### Article 103
− **1.** Member States may provide that the reduced rate, or one of the reduced rates, which they apply in accordance with Articles 98 and 99 is also to apply to the importation of works of art, collectors' items and antiques, as defined in points (2), (3) and (4) of Article 311(1).
− **2.** If Member States avail themselves of the option under paragraph 1, they may also apply the reduced rate to the following transactions:(a) the supply of works of art, by their creator or his successors in title;(b) the supply of works of art, on an occasional basis, by a taxable person other t…
− **1.** The exemption provided for in Article 138(1) shall not apply to the supply of goods carried out by taxable persons who are covered by the exemption for small enterprises provided for in Articles 282 to 292.
− **2.** The exemption provided for in Article 138(2)(b) shall not apply to the supply of products subject to excise duty by taxable persons who are covered by the exemption for small enterprises provided for in Articles 282 to 292.
− **1.** Member States shall exempt the following transactions:▼B(a) the final importation of goods of which the supply by a taxable person would in all circumstances be exempt within their respective territory;(b) the final importation of goods governed by Council Directives 69/169/EEC (4), 83/181/EE…
− **1.** Member States shall exempt the following transactions:(a) the supply of goods or services under diplomatic and consular arrangements;▼M7(aa) the supply of goods or services to the European Community, the European Atomic Energy Community, the European Central Bank or the European Investment Ba…
− Member States which apply the optional scheme referred to in the first paragraph shall set a threshold for taxable persons using the scheme within their territory, based on the annual turnover of the taxable person calculated in accordance with Article 288. That threshold may not be higher than EUR …
− Member States shall inform the VAT Committee of national legislative measures adopted pursuant to the first paragraph.
− (a) transactions relating to the activities referred to in the second subparagraph of Article 9(1), carried out outside the Member State in which that tax is due or paid, in respect of which VAT would be deductible if they had been carried out within that Member State;
− **1.** ►M31 Until 31 December 2026, Member States may provide that the person liable for the payment of VAT is the taxable person to whom any of the following supplies are made:** ◄ **(a) the transfer of allowances to emit greenhouse gases as defined in Article 3 of Directive 2003/87/EC of the Europ…
− **1.** Member States shall allow taxable persons to issue a simplified invoice in any of the following cases:(a) where the amount of the invoice is not higher than EUR 100 or the equivalent in national currency;(b) where the invoice issued is a document or message treated as an invoice pursuant to A…
− (a) the total annual value, exclusive of VAT, of their supplies of goods and services does not exceed by more than EUR 35 000 , or the equivalent in national currency, the amount of the annual turnover which is used as a reference for application of the exemption for small enterprises provided for i…
− **1.** Member States may release the following taxable persons from certain or all obligations referred to in Chapters 2 to 6:(a) taxable persons whose intra-Community acquisitions of goods are not subject to VAT pursuant to Article 3(1);▼M24(b) taxable persons carrying out none of the transactions …
− 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:(a) transactions carried out on an occasional basis, as referred to in Article 12;(b) supplies of new means of transport carried out in accordance with the conditions specified in Article 138(1) and (2…
− **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 legislation of Member States concerning turnover taxes — Structure and procedures for application of the common system of value added tax (20) of introducing…
− **2.** Member States which, at 17 May 1977, exempted taxable persons whose annual turnover was less than the equivalent in national currency of 5 000 European units of account at the conversion rate on that date, may raise that ceiling up to EUR 5 000 .
− Member States which applied graduated tax relief may neither raise the ceiling for graduated tax relief nor render the conditions for the granting of it more favourable.
− ### Article 285
− 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 higher than EUR 5 000 or the equivalent in national currency.
− The Member States referred to in the first paragraph may grant graduated tax relief to taxable persons whose annual turnover exceeds the ceiling fixed by them for its application.
− ### Article 286
− Member States which, at 17 May 1977, exempted taxable persons whose annual turnover was equal to or higher than the equivalent in national currency of 5 000 European units of account at the conversion rate on that date, may raise that ceiling in order to maintain the value of the exemption in real t…
− ### Article 287
− Member States which acceded after 1 January 1978 may exempt taxable persons whose annual turnover is no higher than the equivalent in national currency of the following amounts at the conversion rate on the day of their accession:
− (1) Greece: 10 000 European units of account;
− (2) Spain: ECU 10 000 ;
+ **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:▼M27(i) a taxable per…
+ This Article shall not apply to admission to the events referred to in the first paragraph where the attendance is virtual.
+ Where the services and ancillary services relate to activities which are streamed or otherwise made virtually available, the place of supply shall, however, be the place where the non-taxable person is established, has his permanent address or usually resides.
+ **2.** The rate applicable to the importation of goods shall be that applied to the supply of like goods within the territory of the Member State.
+ **3.** By way of derogation from paragraph 2 of this Article, Member States applying a standard rate to the supply of works of art, collectors’ items and antiques listed in Annex IX, Parts A, B and C, may apply a reduced rate as provided for in Article 98(1), first subparagraph, to the importation o…
+ ### Article 98a
+ The reduced rates and the exemptions referred to in Article 98(1) and (2) shall not apply to supplies of works of art, collectors’ items and antiques to which the special arrangements of Title XII, Chapter 4, are being applied.
+ **1.** ►M27 The exemption provided for in Article 138(1) shall not apply to the supply of goods carried out by taxable persons who, within the Member State in which the supply is carried out, are covered by the exemption for small enterprises provided for in Article 284.** ◄ **
+ **2.** The exemption provided for in point (b) of Article 138(2) shall not apply to the supply of products subject to excise duty by taxable persons who, within the Member State in which the supply is carried out, are covered by the exemption for small enterprises provided for in Article 284.
+ **1.** Member States shall exempt the following transactions:▼B(a) the final importation of goods of which the supply by a taxable person would in all circumstances be exempt within their respective territory;(b) the final importation of goods governed by Council Directives 69/169/EEC (4), 83/181/EE…
+ **1.** Member States shall exempt the following transactions:(a) the supply of goods or services under diplomatic and consular arrangements;▼M7(aa) the supply of goods or services to the European Community, the European Atomic Energy Community, the European Central Bank or the European Investment Ba…
+ Member States which apply the optional scheme referred to in the first paragraph shall set a threshold for taxable persons using that scheme within their territory, based on the annual turnover of the taxable person calculated in accordance with Article 288. That threshold may not be higher than EUR…
+ (a) transactions other than those exempt under Article 284 relating to the activities referred to in the second subparagraph of Article 9(1), carried out outside the Member State in which that tax is due or paid, in respect of which VAT would be deductible if they had been carried out within that Me…
+ **1.** ►M33 Until 31 December 2026, Member States may provide that the person liable for the payment of VAT is the taxable person to whom any of the following supplies are made:** ◄ **(a) the transfer of allowances to emit greenhouse gases as defined in Article 3 of Directive 2003/87/EC of the Europ…
+ **1.** Member States shall allow taxable persons to issue a simplified invoice in any of the following cases:(a) where the amount of the invoice is not higher than EUR 100 or the equivalent in national currency;(b) where the invoice issued is a document or message treated as an invoice pursuant to A…
+ (a) the total annual value, exclusive of VAT, of their supplies of goods and services does not exceed by more than EUR 35 000 , or the equivalent in national currency, the amount of the annual turnover which is used as a reference for taxable persons covered by the exemption for small enterprises pr…
+ **1.** Member States may release the following taxable persons from certain or all obligations referred to in Chapters 2 to 6:(a) taxable persons whose intra-Community acquisitions of goods are not subject to VAT pursuant to Article 3(1);▼M24(b) taxable persons carrying out none of the transactions …
+ ### Article 280a
+ For the purposes of this Chapter, the following definitions apply:
+ (1) ‘Member State annual turnover’ means the total annual value of supplies of goods and services, exclusive of VAT, made by a taxable person within that Member State during a calendar year;
+ (2) ‘Union annual turnover’ means the total annual value of supplies of goods and services, exclusive of VAT, made by a taxable person within the territory of the Community during a calendar year.
+ The exemptions 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:(a) transactions carried out on an occasional basis, as referred to in Article 12;(b) supplies of new means of transport carried out in accordance with the conditions specified in Article 138(1) and (2…
+ **1.** Member States may exempt the supply of goods and services made within their territory by taxable persons who are established in that territory and whose Member State annual turnover, attributable to such supplies, does not exceed the threshold fixed by those Member States for the application …
+ Member States may fix varying thresholds for different business sectors based on objective criteria. However, none of those thresholds shall exceed the threshold of EUR 85 000 or the equivalent in national currency.
+ Member States shall ensure that a taxable person eligible to benefit from more than one sectoral threshold can only use one of those thresholds.
+ Thresholds set by a Member State shall not differentiate between taxable persons who are established and those who are not established in that Member State.
+ **2.** Member States that have put in place the exemption under paragraph 1 shall also grant that exemption to the supplies of goods and services in their own territory made by taxable persons established in another Member State, provided that the following conditions are fulfilled:(a) the Union ann…
+ **3.** Notwithstanding Article 292b, in order for a taxable person to avail itself of the exemption in a Member State in which that taxable person is not established, the taxable person shall:(a) give prior notification to the Member State of establishment; and(b) be identified for the application o…
+ **4.** The taxable person shall inform the Member State of establishment in advance, by means of an update to a prior notification, of any changes to the information previously provided in accordance with the first subparagraph of paragraph 3, including the intention to avail itself of the exemption…