Legal provisions of COM(2018)726 - Authorisation of Croatia to derogate from point (a) of Article 26(1) and Article 168 of the VAT Directive

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dossier COM(2018)726 - Authorisation of Croatia to derogate from point (a) of Article 26(1) and Article 168 of the VAT Directive.
document COM(2018)726 EN
date December 11, 2018

Contents

Article 1

By way of derogation from Article 168 of Directive 2006/112/EC, Croatia is authorised to limit to 50 % the right to deduct the value added tax (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, Croatia 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

The expenditure referred to in Article 1 shall cover the purchase and leasing of passenger cars including the purchase of all goods and services supplied in relation thereto.

Article 4

This Decision shall only apply to motor vehicles intended for the transport of persons with a maximum of eight seats in addition to the driver's seat.

Article 5

Articles 1 and 2 shall not apply to:

(a)vehicles used for the training of drivers, vehicle testing, repair services, an economic activity involving the transport of passengers and goods, the transport of the deceased or rent;

(b)vehicles purchased for the purpose of resale.

Article 6

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

It shall apply from 1 January 2019 until 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 that includes a review of the percentage set out in Article 1.

Article 7

This Decision is addressed to the Republic of Croatia.