Legal provisions of COM(2018)599 - Authorisation of Hungary to derogate from point (a) of Articles 26(1) and Articles 168 and 168a of the VAT Directive

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dossier COM(2018)599 - Authorisation of Hungary to derogate from point (a) of Articles 26(1) and Articles 168 and 168a of the VAT Directive.
document COM(2018)599 EN
date October  2, 2018

Contents

Article 1

By way of derogation from Articles 168 and 168a of Directive 2006/112/EC, Hungary is authorised to limit to 50 % the right to deduct the VAT on expenditure related to passenger cars not wholly used for business purposes.

Article 2

By way of derogation from point (a) of Article 26(1) of Directive 2006/112/EC, Hungary shall not treat as supplies of services for consideration the use for non-business purposes of a passenger car included in the assets of a taxable person's business, where that car has been subject to a limitation authorised under Article 1 of this Decision.

Article 3

Articles 1 and 2 shall only apply to passenger cars designed for the transportation of a maximum of nine persons with a gross vehicle weight not exceeding five tons.

Article 4

Articles 1 and 2 shall not apply to the following categories of passenger cars:

—vehicles designed for the transport of goods,

—vehicles that serve special purposes (i.e. crane truck, fire engine, truck-mixer),

—vehicles that are designed for the transport of 10 or more than 10 persons,

—tractors,

—trailers.

Article 5

This Decision shall take effect on the date of its notification.

This Decision shall apply from 1 January 2019 and shall expire on 31 December 2021.

Any request for the extension of the authorisation provided for in this Decision shall be submitted to the Commission by 31 March 2021 and shall be accompanied by a report which includes a review of the percentage set out in Article 1.

Article 6

This Decision is addressed to Hungary.