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Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (recast)

Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (recast)

CHAPTER I SUBJECT MATTER

Article 1

This Regulation lays down measures for the implementation of certain provisions of Titles I to V, and VII to XII of Directive 2006/112/EC.

CHAPTER II SCOPE(TITLE I OF DIRECTIVE 2006/112/EC)

Article 2

The following shall not result in intra-Community acquisitions within the meaning of point (b) of Article 2(1) of Directive 2006/112/EC:

  1. the transfer of a new means of transport by a non-taxable person upon change of residence provided that the exemption provided for in point (a) of Article 138(2) of Directive 2006/112/EC could not apply at the time of supply;

  2. the return of a new means of transport by a non-taxable person to the Member State from which it was initially supplied to him under the exemption provided for in point (a) of Article 138(2) of Directive 2006/112/EC.

Article 3

Without prejudice to point (b) of the first paragraph of Article 59a of Directive 2006/112/EC, the supply of the following services is not subject to VAT if the supplier demonstrates that the place of supply determined in accordance with Subsections 3 and 4 of Section 4 of Chapter V of this Regulation is outside the Community:

  1. from 1 January 2013, the service referred to in the first subparagraph of Article 56(2) of Directive 2006/112/EC;

  2. from 1 January 2015, the services listed in Article 58 of Directive 2006/112/EC;

  3. the services listed in Article 59 of Directive 2006/112/EC.

Article 4

CHAPTER III TAXABLE PERSONS(TITLE III OF DIRECTIVE 2006/112/EC)

Article 5

CHAPTER IV TAXABLE TRANSACTIONS(TITLE IV OF DIRECTIVE 2006/112/EC)

SECTION 1 Supply of goods (Articles 14 to 19 of Directive 2006/112/EC)

Article 5a

Article 5b

Article 5c

Article 5d

SECTION 2 Supply of services (Articles 24 to 29 of Directive 2006/112/EC)

Article 6

Article 6a

Article 6b

Article 7

Article 8

Article 9

Article 9a

CHAPTER V PLACE OF TAXABLE TRANSACTIONS

SECTION 1 Concepts

Article 10

Article 11

Article 12

Article 13

Article 13a

Article 13b

SECTION 2 Place of supply of goods (Articles 31 to 39 of Directive 2006/112/EC)

Article 15

SECTION 3 Place of intra-Community acquisitions of goods (Articles 40, 41 and 42 of Directive 2006/112/EC)

Article 16

SECTION 4 Place of supply of services (Articles 43 to 59 of Directive 2006/112/EC)

Subsection 1 Status of the customer

Article 17
Article 18

Subsection 2 Capacity of the customer

Article 19

Subsection 3 Location of the customer

Article 20
Article 21
Article 22
Article 23
Article 24

Subsection 3a Presumptions for the location of the customer

Article 24a
Article 24b
Article 24c

Subsection 3b Rebuttal of presumptions

Article 24d

Subsection 3c Evidence for the identification of the location of the customer and rebuttal of presumptions

Article 24e
Article 24f

Subsection 4 Common provision regarding determination of the status, the capacity and the location of the customer

Article 25

Subsection 5 Supply of services governed by the general rules

Article 26
Article 27
Article 28
Article 29

Subsection 6 Supply of services by intermediaries

Article 30
Article 31

Subsection 6a Supply of services connected with immovable property

Article 31a
Article 31b
Article 31c

Subsection 7 Supply of cultural, artistic, sporting, scientific, educational, entertainment, and similar services

Article 32
Article 33
Article 33a

Subsection 8 Supply of ancillary transport services and valuations of and work on movable property

Article 34

Subsection 9 Supply of restaurant and catering services on board means of transport

Article 35
Article 36
Article 37

Subsection 10 Hiring of means of transport

Article 38
Article 39
Article 40

Subsection 11 Supply of services to non-taxable persons outside the Community

Article 41

CHAPTER Va CHARGEABLE EVENT AND CHARGEABILITY OF VAT(TITLE VI OF DIRECTIVE 2006/112/EC)

Article 41a

CHAPTER VI TAXABLE AMOUNT(TITLE VII OF DIRECTIVE 2006/112/EC)

Article 42

CHAPTER VII RATES

Article 43

CHAPTER VIII EXEMPTIONS

SECTION 1 Exemptions for certain activities in the public interest (Articles 132, 133 and 134 of Directive 2006/112/EC)

Article 44

SECTION 2 Exemptions for other activities (Articles 135, 136 and 137 of Directive 2006/112/EC)

Article 45

SECTION 2A Exemptions for intra-Community transactions (Articles 138 to 142 of Directive 2006/112/EC)

Article 45a

SECTION 3 Exemptions on importation (Articles 143, 144 and 145 of Directive 2006/112/EC)

Article 46

SECTION 4 Exemptions on exportation (Articles 146 and 147 of Directive 2006/112/EC)

Article 47

Article 48

SECTION 5 Exemptions relating to certain transactions treated as exports (Articles 151 and 152 of Directive 2006/112/EC)

Article 49

Article 50

Article 51

CHAPTER IX DEDUCTIONS(TITLE X OF DIRECTIVE 2006/112/EC)

Article 52

CHAPTER X OBLIGATIONS OF TAXABLE PERSONS AND CERTAIN NON-TAXABLE PERSONS(TITLE XI OF DIRECTIVE 2006/112/EC)

SECTION 1 Persons liable to pay the VAT (Articles 192a to 205 of Directive 2006/112/EC)

Article 53

Article 54

SECTION 1A General obligations (Articles 242 to 243 of Directive 2006/112/EC)

Article 54a

SECTION 1B Accounting (Articles 241 to 249 of Directive 2006/112/EC)

Article 54b

Article 54c

SECTION 2 Miscellaneous provisions (Articles 272 and 273 of Directive 2006/112/EC)

Article 55

CHAPTER XI SPECIAL SCHEMES

SECTION 1 Special scheme for investment gold (Articles 344 to 356 of Directive 2006/112/EC)

Article 56

Article 57

SECTION 2 Special schemes for taxable persons supplying services to non-taxable persons or making distance sales of goods or certain domestic supplies of goods (Articles 358 to 369x of Directive 2006/112/EC)

Subsection 1 Definitions

Article 57a

Subsection 2 Application of the Union scheme

Article 57b

Subsection 3 Scope of the Union scheme

Article 57c

Subsection 4 Identification

Article 57d
Article 57e
Article 57f
Article 57g

Subsection 5 Reporting obligations

Article 57h

Subsection 6 Exclusion

Article 58
Article 58a
Article 58b
Article 58c

Subsection 7 VAT return

Article 59
Article 59a
Article 60
Article 60a
Article 61
Article 61a

Subsection 7a Import scheme — chargeable event

Article 61b

Subsection 8 Currency

Article 61c

Subsection 9 Payments

Article 62
Article 63
Article 63a
Article 63b

Subsection 10 Records

Article 63c

SECTION 3 Special arrangements for declaration and payment of import VAT (Articles 369y to 369zb of Directive 2006/112/EC)

Article 63d

CHAPTER XII FINAL PROVISIONS

Article 64

Article 65

ANNEX I

ANNEX II

ANNEX III

ANNEX IV