Legal provisions of COM(2018)819 - Amendment of Council Directive 2006/112/EC as regards provisions relating to distance sales of goods and certain domestic supplies of goods - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2018)819 - Amendment of Council Directive 2006/112/EC as regards provisions relating to distance sales of goods and certain domestic ... |
---|---|
document | COM(2018)819 ![]() |
date | November 21, 2019 |
Article 1
(1) | in Section 2 of Chapter 1 of Title V, the following Article is added: ‘Article 36b Where a taxable person is deemed to have received and supplied goods in accordance with Article 14a, the dispatch or transport of the goods shall be ascribed to the supply made by that taxable person.’; |
(2) | Article 66a is replaced by the following: ‘Article 66a By way of derogation from Articles 63, 64 and 65, the chargeable event of the supply of goods by a taxable person who is deemed to have received and supplied the goods in accordance with Article 14a and of the supply of goods to that taxable person shall occur and VAT shall become chargeable at the time when the payment has been accepted.’; |
(3) | the following Article is inserted: ‘Article 136a Where a taxable person is deemed to have received and supplied goods in accordance with Article 14a(2), Member States shall exempt the supply of those goods to that taxable person.’; |
(4) | in Article 169, point (b) is replaced by the following:
|
(5) | in Article 204(1), the third subparagraph is replaced by the following: ‘However, Member States may not apply the option referred to in the second subparagraph to a taxable person within the meaning of point (1) of Article 358a who has opted for the special scheme for services supplied by taxable persons not established within the Community.’; |
(6) | in Article 272(1), point (b) is replaced by the following:
|
(7) | the heading of Chapter 6 of Title XII is replaced by the following: ‘ Special schemes for taxable persons supplying services to non-taxable persons or making distance sales of goods or certain domestic supplies of goods ’; |
(8) | the heading of Section 3 of Chapter 6 of Title XII is replaced by the following: ‘ Special scheme for intra-Community distance sales of goods, for supplies of goods within a Member State made by electronic interfaces facilitating those supplies and for services supplied by taxable persons established within the Community but not in the Member State of consumption ’; |
(9) | Article 369a is replaced by the following: ‘Article 369a For the purposes of this Section, and without prejudice to other Community provisions, the following definitions shall apply:
|
(10) | Article 369b is replaced by the following: ‘Article 369b Member States shall permit the following taxable persons to use this special scheme:
This special scheme applies to all those goods or services supplied in the Community by the taxable person concerned.’; |
(11) | in Article 369e, point (a) is replaced by the following:
|
(12) | Article 369f is replaced by the following: ‘Article 369f The taxable person making use of this special scheme shall submit by electronic means to the Member State of identification a VAT return for each calendar quarter, whether or not supplies of goods and services covered by this special scheme have been carried out. The VAT return shall be submitted by the end of the month following the end of the tax period covered by the return.’; |
(13) | in Article 369g, paragraphs 1, 2 and 3 are replaced by the following: ‘1. The VAT return shall show the VAT identification number referred to in Article 369d and, for each Member State of consumption in which VAT is due, the total value exclusive of VAT, the applicable rates of VAT, the total amount per rate of the corresponding VAT and the total VAT due in respect of the following supplies covered by this special scheme carried out during the tax period:
The VAT return shall also include amendments relating to previous tax periods as provided in paragraph 4 of this Article. 2. Where goods are dispatched or transported from Member States other than the Member State of identification, the VAT return shall also include the total value exclusive of VAT, the applicable rates of VAT, the total amount per rate of the corresponding VAT and the total VAT due in respect of the following supplies covered by this special scheme, for each Member State where such goods are dispatched or transported from:
In relation to the supplies referred to in point (a), the VAT return shall also include the individual VAT identification number or the tax reference number allocated by each Member State where such goods are dispatched or transported from. In relation to the supplies referred to in point (b), the VAT return shall also include the individual VAT identification number or the tax reference number allocated by each Member State where such goods are dispatched or transported from, if available. The VAT return shall include the information referred to in this paragraph broken down by Member State of consumption. 3. Where the taxable person supplying services covered by this special scheme has one or more fixed establishments, other than that in the Member State of identification, from which the services are supplied, the VAT return shall also include the total value exclusive of VAT, the applicable rates of VAT, the total amount per rate of the corresponding VAT and the total VAT due of such supplies, for each Member State in which he has an establishment, together with the individual VAT identification number or the tax reference number of this establishment, broken down by Member State of consumption.’; |
(14) | in Article 369zb, paragraph 2 is replaced by the following: ‘2. Member States shall require that the VAT referred to in paragraph 1 be payable monthly by the deadline for payment applicable to the payment of import duty.’. |
Article 2
They shall apply those measures from 1 January 2021.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.