Considerations on COM(2021)631 - Amendment of Implementing Decision (EU) 2018/1994 authorising Croatia to derogate from point (a) of Article 26(1) and Article 168 of the VAT Directive

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dossier COM(2021)631 - Amendment of Implementing Decision (EU) 2018/1994 authorising Croatia to derogate from point (a) of Article 26(1) and ...
document COM(2021)631 EN
date November 15, 2021
 
(1) Articles 168 and 168a of Directive 2006/112/EC establish taxable persons’ right to deduct value added tax (VAT) charged on supplies of goods and services received by them for the purposes of their taxed transactions. Article 26(1), point (a), of that Directive contains a requirement to account for VAT when a business asset is put to use for private purposes of taxable persons or their staff or, more generally, for purposes other than those of their business.

(2) Council Implementing Decision (EU) 2018/1994 11 authorised Croatia, until 31 December 2021, to limit to 50% the right to deduct VAT paid on the purchase and leasing of specified passenger cars with a maximum of eight seats in addition to the driver’s seat, including the purchase of all goods and services supplied in relation thereto, when those cars are not wholly used for business purposes. The authorisation also relieved taxable persons from having to treat the non-business use of such passenger cars as a supply of services.

(3) By letter registered with the Commission on 31 March 2021, Croatia requested an authorisation to continue to apply the special measure derogating from Article 26(1), point (a), and Article 168 of Directive 2006/112/EC in order to restrict the right of deduction in relation to expenditure on certain passenger cars not wholly used for business purposes (‘the request’).

(4) Croatia applies Article 168a(1) of Directive 2006/112/EC in relation to VAT on expenditure related to other economic goods forming part of the business assets under Article 168a(2) of that Directive. Thus, Council Implementing Decision (EU) 2018/1994 should have included a reference to Article 168a of Directive 2006/112/EC.

(5) In accordance with Article 395(2), second subparagraph, of Directive 2006/112/EC, by letter dated 22 April 2021, the Commission informed the other Member States of the request made by Croatia. By letter dated 23 April 2021, the Commission notified Croatia that it had all the information it considered necessary for appraisal of the request.

(6) As required by Article 6(3) of Implementing Decision (EU) 2018/1994, Croatia submitted a report including the review of the percentage laid down for the limitation of the right of deduction. Based on currently available information, Croatia confirmed that the limit of 50 % is still justifiable and remains appropriate.

(7) Given the positive impact of the special measure on the administrative burden of taxpayers and tax authorities alike, Croatia should therefore be authorised to continue to apply the special measure. The extension of the special measure should be limited in time, until 31 December 2024, to allow for an evaluation of its effectiveness and of the appropriate percentage.

(8) In the event that Croatia considers that a further extension of the special measure is necessary, it should submit the request for an extension accompanied by a report that includes a review of the percentage applied to the Commission by 31 March 2024.

(9) The special measure will only have negligible effect on the overall amount of tax revenue collected at the stage of final consumption and will have no adverse impact on the Union's own resources accruing from VAT.

(10) Implementing Decision (EU) 2018/1994 should, therefore be amended accordingly.