35 cards · Tax: UK/US/UAE/KSA/EU · answer each one, then read the explanation. Your score tallies below. Looking for OSS vs IOSS vs standard VAT registration, compared? Read the explainer.
A VAT-registered engineering consultancy established in Poland supplies engineering advisory services to a VAT-registered manufacturing company established in Sweden, with the Swedish company acting as a business customer receiving the service for its own business use. Under Article 44 of the EU VAT Directive (2006/112/EC), which statement correctly describes where this supply is taxed and who accounts for the VAT?
AThe supply is taxed in Sweden, where the customer is established, and the Swedish customer self-assesses the VAT under the reverse charge because the Polish supplier is not established there
BThe supply is taxed in Poland, where the supplier is established, because VAT on services always follows the supplier's location regardless of the customer's status
CThe supply is exempt from VAT entirely because it is a cross-border service between two EU member states
DThe supply is taxed in Poland because the reverse charge under Article 196 only applies when the supplier is established outside the EU, not when both parties are EU businesses
Correct answer: .
Article 44 of the EU VAT Directive sets the general B2B place-of-supply rule as the member state where the customer is established, so this advisory service is taxed in Sweden. Because the Polish supplier has no establishment in Sweden, Article 196 shifts liability for accounting for that Swedish VAT onto the Swedish business customer itself under the reverse charge, meaning the supplier issues an invoice without charging VAT and the customer self-assesses it on their own return. The option putting taxation in the supplier's member state describes the older default rule that still applies to B2C services and to certain excepted B2B services, but not to the general B2B rule in the scenario described. The option treating the supply as automatically exempt confuses this services transaction with the separate zero-rating regime for intra-Community supplies of goods under Article 138, which has no equivalent blanket exemption for cross-border B2B services. The option restricting the reverse charge to non-EU suppliers is incorrect because Article 196 applies whenever the supplier lacks an establishment in the customer's member state, whether that supplier is established elsewhere in the EU or outside it entirely.
Source: EU VAT Directive (2006/112/EC), Articles 44 and 196 (place of supply of B2B services and reverse charge liability)
A software company established in the Netherlands sells downloadable e-books directly to private consumers across several EU member states, without registering for the One Stop Shop, and its cross-border B2C sales of this kind exceed the small-supplier threshold in Article 59c. Since 1 January 2015, under Article 58 of the EU VAT Directive, where is VAT due on these electronically supplied B2C services?
AIn the Netherlands only, because Article 58 applies exclusively to suppliers established outside the EU selling into it
BIn the member state where each private consumer is established, has their permanent address, or usually resides, regardless of where the supplier is established
CWherever the servers hosting the e-books for download are physically located
DNowhere, because electronically delivered digital products are not 'goods' and therefore fall outside the scope of VAT altogether
Correct answer: .
Article 58 fixes the place of supply for telecommunications, broadcasting and electronically supplied services to a non-taxable person as the customer's own member state of establishment, permanent address, or usual residence, and since 1 January 2015 this destination-based rule applies to EU-established suppliers as well as non-EU ones, so the Dutch company owes VAT in each consumer's own member state. The option confining Article 58 to non-EU suppliers describes the rule as it stood before 2015, when destination-based taxation of these services applied only to non-EU suppliers selling into the EU to prevent EU suppliers gaining a competitive edge from lower home-country VAT rates; that asymmetry was removed by extending the same rule to EU suppliers. The option pointing to server location is a common but incorrect proxy, since VAT law looks to the legal test of the customer's residence or permanent address, not the physical location of hosting infrastructure. The option claiming digital products fall outside VAT's scope is wrong because electronically supplied services are expressly defined and taxed under the Directive; they are simply classified as services rather than goods, not exempted from tax.
Source: EU VAT Directive (2006/112/EC), Article 58, as amended by Council Directive 2008/8/EC (place of supply of telecommunications, broadcasting and electronically supplied services), effective 1 January 2015
An online retailer established in Italy sells goods by distance selling to private consumers in several other EU member states, with its combined cross-border sales exceeding the EUR 10,000 EU-wide threshold in Article 59c. Since 1 July 2021, if the retailer registers for the Union scheme of the One Stop Shop (OSS), how does it discharge its VAT obligations on these distance sales?
AIt charges VAT at the Italian rate on every sale, since OSS lets a business apply only its home member state's VAT rate to all its EU customers
BIt must still register for VAT separately in each member state where its consumers are located, and OSS merely provides a shared login portal for managing those separate registrations
CIt charges VAT at the rate of each customer's member state of consumption but reports and pays all of that VAT through a single quarterly return filed with the tax authority of its member state of identification, which then redistributes the VAT to the other member states
DIt stops charging VAT on these cross-border sales altogether and instead remits a flat EU-wide digital services levy through OSS
Correct answer: .
Once the EUR 10,000 threshold is exceeded, intra-EU distance sales of goods are taxed in the customer's member state of consumption at that state's own VAT rate; the Union OSS scheme does not change which rate applies, but it lets the retailer avoid registering in every consumer's member state by filing a single quarterly return with its member state of identification, which collects the VAT and passes it on to the member states where it is actually due. The option applying only the home-country rate to every sale misunderstands OSS as a rate simplification rather than a filing simplification: the destination rate still governs the tax charged, only the reporting is centralised. The option describing OSS as merely a shared login for separate registrations gets the mechanism backwards, since eliminating the need for multiple member-state VAT registrations is the entire purpose of the scheme. The option describing a flat EU-wide digital services levy invents a charge that does not exist in this regime; OSS is a reporting and remittance mechanism for ordinary VAT on distance sales, not a substitute tax.
Source: EU VAT Directive (2006/112/EC), Title XII Chapter 6 (Union scheme of the One Stop Shop), as introduced by Council Directive (EU) 2017/2455 and Council Directive (EU) 2019/1995, effective 1 July 2021
A retailer established outside the EU sells consumer goods by distance sale directly to private customers in the EU, with each parcel's intrinsic value declared to customs at no more than EUR 150, excluding transport, insurance and other charges shown separately on the invoice. Since 1 July 2021, if the retailer registers for the Import One Stop Shop (IOSS), what is the effect on VAT for these consignments?
AThe retailer must still pay import VAT to customs on arrival in the EU at the rate of the member state of first entry, then reclaim that VAT later through the IOSS return
BIOSS applies automatically to every import valued below EUR 150 whether or not the retailer registers for it, since registration only becomes compulsory above that value
CIOSS only covers the customs duty on the consignment; VAT must still be collected separately by the delivery courier from the consumer at the point of delivery
DThe retailer charges VAT at the point of sale at the rate of the consumer's member state, declares and pays it through a single monthly IOSS return, and the goods are then released at import without VAT being collected again at the border
Correct answer: .
IOSS lets a registered seller charge VAT to the consumer at checkout, at the rate applicable in the consumer's own member state, and remit it through one monthly return filed in a single member state; customs then releases the goods on import without collecting VAT again, avoiding double taxation and delay at the border. The option requiring VAT to be paid at first entry and reclaimed afterward describes the opposite of the intended effect: IOSS exists precisely to stop import VAT being collected at the border for goods already carrying point-of-sale VAT under the scheme. The option treating IOSS as automatic below EUR 150 is wrong because the scheme is voluntary; a seller that does not register still faces normal import VAT collection procedures at the border, including handling by the courier, on qualifying low-value consignments. The option limiting IOSS to customs duty misstates the scheme's scope: parcels within the EUR 150 threshold are, in any event, exempt from customs duty regardless of IOSS use, and IOSS itself is specifically the mechanism for VAT, not duty.
Source: EU VAT Directive (2006/112/EC), Title XII Chapter 6 (Import scheme / IOSS) and Article 143(1)(ca); effective 1 July 2021
A goods supplier established in Belgium sells and physically dispatches goods to a VAT-registered customer established in Portugal, with the goods transported by a carrier acting independently on the supplier's behalf. Since 1 January 2020, under Article 138 of the EU VAT Directive read together with Article 45a of Implementing Regulation (EU) No 282/2011 (inserted by the 2020 Quick Fixes), what must the Belgian supplier additionally hold to benefit from the rebuttable presumption that the goods left Belgium for another member state?
AA single signed delivery note from the Portuguese customer confirming receipt of the goods, which alone is always sufficient to trigger the presumption
BAt least two mutually consistent pieces of evidence issued by two different, independent parties, drawn from transport documents such as a signed CMR note or bill of lading, and/or supporting documents such as an insurance policy for the transport or a bank confirmation of payment for it
CNothing beyond the Portuguese customer's valid VAT identification number, since holding a valid number is the only condition anywhere in Article 138 for zero-rating the supply
DA commercial invoice showing a zero VAT rate, since the invoice itself is deemed to be transport evidence under Article 45a
Correct answer: .
Article 45a creates a rebuttable presumption that goods have been dispatched or transported to another member state where the supplier holds at least two non-contradictory pieces of evidence issued by two different parties that are independent of each other and of the supplier and customer, combining transport documents such as a signed CMR consignment note, bill of lading or airway bill with supporting documents such as an insurance policy covering the transport or bank records showing payment for it. The option relying on a single delivery note fails because the presumption requires at least two independent pieces of evidence, not one document from a single, interested party such as the customer itself. The option treating a valid VAT identification number as the only condition confuses two separate Quick Fixes requirements: a valid VAT number is indeed a substantive condition for the Article 138 exemption itself, but it is entirely distinct from the Article 45a evidentiary presumption about proof of transport, which has its own separate documentary conditions. The option treating the invoice as transport evidence is wrong because a sales invoice records the commercial transaction, not the physical movement of goods, and is not among the transport or supporting documents listed under Article 45a.
Source: Council Implementing Regulation (EU) 2018/1912, inserting Article 45a into Implementing Regulation (EU) No 282/2011, read with Article 138 of the EU VAT Directive (2006/112/EC); effective 1 January 2020
A manufacturer established in Germany moves its own goods into a warehouse in Spain, to be drawn down within 12 months by a single, already-identified Spanish VAT-registered customer, and the German manufacturer has no fixed establishment in Spain. Since 1 January 2020, under Article 17a of the EU VAT Directive (the call-off stock simplification introduced by the Quick Fixes), what is the VAT consequence of moving the goods into the Spanish warehouse?
AThe transfer of the goods into Spain is not treated as a deemed intra-Community supply at that point and triggers no German VAT registration obligation in Spain; VAT is instead accounted for only when the customer draws the goods from the warehouse, treated as an intra-Community supply by the German manufacturer to the Spanish customer at that later time
BThe manufacturer must immediately register for VAT in Spain and self-assess Spanish acquisition VAT on the goods the moment they cross the border, before the customer draws down any stock
CThe simplification applies only if the Spanish customer is not yet identified at the time the goods are moved, since the relief exists precisely to cover stock held for an unknown future buyer
DThe simplification eliminates the need for the German manufacturer to report the movement at all, since call-off stock arrangements are entirely outside the scope of VAT reporting obligations
Correct answer: .
Article 17a's call-off stock relief defers the VAT point past the initial cross-border movement of the supplier's own goods: no deemed intra-Community supply arises when the goods enter the destination warehouse, and no VAT registration is triggered there for the supplier, provided the customer is already known, both parties are VAT-registered, the supplier has no fixed establishment in that member state, and the goods are drawn down within 12 months; the taxable intra-Community supply and corresponding acquisition arise only once the customer actually takes the goods from the warehouse. The option requiring immediate Spanish registration and self-assessment at the border describes the position that applied before this relief existed, which is exactly what the simplification was designed to remove. The option requiring the customer to be unidentified inverts a core condition of the relief: the customer's identity must be known to the supplier in advance for the simplification to apply at all, not unknown. The option claiming the movement need not be reported at all is wrong because the supplier must still record the transfer and report it in its recapitulative (EC Sales List-type) statement, even though no VAT becomes due at that stage.
Source: EU VAT Directive (2006/112/EC), Article 17a, as inserted by Council Directive (EU) 2018/1910 (the 2020 Quick Fixes); effective 1 January 2020
Company A in France sells goods to Company B in Germany, which resells them to Company C in Austria. The goods are transported directly from France to Austria by a carrier engaged by Company A, and Company B has no fixed establishment in Austria. All three companies are VAT-registered in their respective member states. Under Article 141 of the EU VAT Directive (the triangulation simplification), what is the correct VAT treatment for Company B, the intermediary?
ACompany B must register for VAT in Austria because it takes legal title to the goods there before reselling them to Company C
BThe simplification only applies if Company C, rather than Company A or Company B, arranges the transport of the goods from France to Austria
CCompany A must charge German VAT on its sale to Company B, since the first supply in a triangulation chain is always taxed in the intermediary's member state
DCompany B does not need to register for VAT in Austria; it reports its onward sale to Company C as a triangulation-simplification supply on which Company C accounts for the VAT under the reverse charge, while Company B's own acquisition of the goods from Company A is treated as exempt in Austria under the simplification
Correct answer: .
Article 141's triangulation simplification exists precisely so that an intermediary in a qualifying three-party, three-member-state chain does not have to register in the customer's member state: Company A's sale to Company B is a zero-rated intra-Community supply under Article 138, Company B's deemed acquisition of the goods in Austria is exempted from Austrian VAT under the simplification, and Company B's onward sale to Company C is reported with Company C accounting for Austrian VAT itself under the reverse charge. The option requiring Company B to register in Austria because it holds legal title there is exactly the outcome the simplification is designed to avoid, since without it an intermediary taking title mid-chain would otherwise need a local registration. The option conditioning the relief on Company C arranging transport gets the transport requirement backwards: the goods must move directly from the first supplier to the final customer, arranged by either the first supplier or the intermediary (or someone acting on their behalf), not by the final customer, for the simplification to apply. The option asserting that the first supply is always taxed in the intermediary's member state is wrong because that first leg is a zero-rated intra-Community supply of goods under Article 138, not a domestically taxed sale in Germany.
Source: EU VAT Directive (2006/112/EC), Article 141 (triangulation simplification)
A taxable dealer established in an EU member state buys a used item from a private individual who was unable to deduct any input VAT on their own original purchase of it, then resells the item to another private consumer. Under Articles 313 and 315 of the EU VAT Directive (the margin scheme for second-hand goods), how is the dealer's VAT liability on the resale calculated?
AVAT is charged on the full selling price to the final consumer, exactly as with any new good, because the margin scheme only changes the dealer's record-keeping requirements and not the taxable amount
BVAT is charged on the difference between the dealer's selling price and the price the item would fetch if it were sold new, rather than on the price the dealer actually paid to acquire it
CVAT is charged only on the dealer's profit margin, the difference between the dealer's selling price and the price paid to the private individual, with the VAT itself treated as included within that margin rather than added on top of the full selling price
DNo VAT is due at all on the resale, because goods that already bore VAT once during an earlier sale can never be taxed again under EU VAT rules
Correct answer: .
Under Articles 313 and 315, the margin scheme taxes only the dealer's profit margin, defined as the selling price charged by the dealer less the purchase price paid, with VAT treated as already included in that margin rather than charged on top of the full selling price; this exists because the goods were bought from a private individual who could not have charged or recovered VAT, so taxing the full resale price again would tax the same value more than once. The option charging VAT on the full selling price ignores that the margin scheme changes the taxable amount itself, not merely how records are kept; that is the entire point of the special scheme. The option comparing the selling price to a hypothetical new-goods price uses the wrong reference figure: Article 315 defines the margin by reference to the price actually paid by the dealer to acquire the item, not to any notional replacement-as-new value. The option claiming no VAT is due at all invents a blanket cascading-relief rule that does not exist; the margin scheme still imposes VAT, just calculated on the margin rather than exempting the transaction entirely.
Source: EU VAT Directive (2006/112/EC), Articles 313 and 315 (margin scheme for second-hand goods)
A small business established in Slovenia has annual EU-wide turnover of EUR 70,000, comfortably under the EUR 100,000 EU-wide ceiling, and wants to sell VAT-exempt to consumers in other member states without registering for VAT separately in each of them. Since 1 January 2025, under the SME scheme reform in Council Directive (EU) 2020/285, how does it access this cross-border exemption?
AIt must separately apply for the exemption to the tax authority of every other member state where it has consumers, since granting the exemption remains a purely national decision for each destination country
BIt notifies its own Slovenian tax authority of its intention to use the cross-border exemption, receives an identifier with an 'EX' suffix from that authority, and then files a single quarterly report to Slovenia disclosing the turnover generated in each other member state where it applies the exemption
CIt automatically qualifies for the exemption in every member state the moment its EU-wide turnover is confirmed to be under EUR 100,000, with no notification or registration step required
DIt can only use the exemption in member states where its Slovenian domestic turnover alone, rather than its EU-wide total, stays under that particular member state's own domestic exemption threshold
Correct answer: .
The 2025 SME scheme reform lets a small business access the exemption across the EU through a single point of contact: it notifies its own member state of establishment, is issued an identifier carrying an 'EX' suffix, and then files one quarterly report to that home authority showing the turnover it generated in each other member state where it wants the exemption applied, rather than dealing with each destination country separately. The option requiring separate applications to every destination member state describes the old, purely domestic version of the scheme that the 2025 reform specifically replaced by introducing mutual recognition through the home member state. The option treating the exemption as automatic once the turnover figure is confirmed skips the mandatory notification and EX-identifier steps that the reform still requires before the exemption can actually be applied in other member states. The option tying eligibility to Slovenia's own domestic turnover in each destination country conflates two separate thresholds: the domestic threshold (up to EUR 85,000) governs exemption within a business's own member state, while the EUR 100,000 EU-wide ceiling is the specific test that unlocks the cross-border exemption described in the scenario.
Source: Council Directive (EU) 2020/285, amending the EU VAT Directive's special scheme for small enterprises; effective 1 January 2025
A small online seller established in Ireland made combined cross-border B2C distance sales of goods, plus B2C telecommunications, broadcasting and electronic services, to consumers in other EU member states totalling EUR 6,000 in the current calendar year and EUR 4,000 in the previous calendar year. Under Article 59c of the EU VAT Directive (the EU-wide distance-selling threshold, effective since 1 July 2021), what does this mean for where these supplies are taxed?
AThe EUR 10,000 threshold is assessed separately for goods and for services, so the seller has a further EUR 10,000 of headroom in each category before either threshold is breached
BFalling under the threshold means these supplies are entirely VAT-exempt and no VAT is chargeable on them by any member state
CThe threshold is assessed only by reference to the current calendar year's sales, so the prior year's EUR 4,000 is irrelevant to whether the seller stays under it now
DBecause the combined total across both years is below EUR 10,000, the seller may treat these supplies as taxed in Ireland under domestic Irish VAT rules, though it can still choose to apply destination-based taxation, including registering for the One Stop Shop, voluntarily instead
Correct answer: .
Article 59c sets a single combined EUR 10,000 EU-wide threshold, assessed on the current year's turnover together with the previous year's, covering distance sales of goods and cross-border telecommunications, broadcasting and electronic services together; as long as the combined figure for both years stays below that amount, the seller may continue treating these supplies as domestic Irish supplies taxed at Irish rates, while still being free to opt into destination-based taxation and OSS registration voluntarily even though under the threshold. The option splitting the threshold into separate EUR 10,000 allowances for goods and for services misstates the rule, which combines both categories into one shared ceiling rather than doubling the available headroom. The option treating supplies under the threshold as VAT-exempt is wrong because staying under the threshold does not remove the supplies from VAT; it simply lets the seller apply its home member state's domestic VAT rules to them instead of destination-based rules. The option ignoring the prior year's turnover is wrong because Article 59c requires looking at both the current and preceding calendar year's combined sales, not the current year in isolation, to determine whether the threshold has been exceeded.
Source: EU VAT Directive (2006/112/EC), Article 59c (EU-wide distance-selling threshold), as introduced by Council Directive (EU) 2017/2455, effective 1 July 2021
A firm of chartered surveyors established in Ireland is engaged by a VAT-registered investment company established in Luxembourg to provide a valuation report on a commercial office building located in France. Under Article 47 of the EU VAT Directive (2006/112/EC), in which member state is this service taxed?
AIreland, where the surveying firm supplying the service is established, because the general B2B place-of-supply rule under Article 44 always overrides any location-based exception
BFrance, where the office building is located, because Article 47 taxes services connected with immovable property at the property's location regardless of where the supplier or customer is established
CLuxembourg, where the customer receiving the valuation is established, because Article 44's general B2B rule applies whenever the customer is a taxable person
DThe service is exempt from VAT entirely because it relates to a fixed asset located outside both the supplier's and the customer's member states
Correct answer: .
Article 47 sets a special place-of-supply rule for services connected with immovable property -- including valuation, surveying, and similar expert services -- taxing them where the property is physically located, and this specific rule overrides the general B2B rule for any service that is directly connected to a particular property. The option putting the tax location at the supplier's own establishment describes the older default rule for services generally, but Article 47 is a deliberate carve-out precisely because location-connected services would otherwise be hard for the destination country to track under the general rule. The option pointing to the customer's establishment makes the same mistake in the other direction: Article 44's general B2B rule simply does not apply once a service falls within Article 47's scope, regardless of the customer's tax status. The option claiming a blanket exemption is invented -- there is no such exemption for property-connected services purchased across borders; the transaction is simply taxable where the underlying property sits.
Source: EU VAT Directive (2006/112/EC), Article 47 (services connected with immovable property)
A conference organiser established in Germany holds a two-day scientific conference physically in Berlin. A biotechnology company established in Denmark, a taxable person, purchases admission passes so its staff can attend the conference in person. Under Article 53 of the EU VAT Directive, where is this admission service taxed?
ADenmark, where the paying customer's business is established, under the general B2B place-of-supply rule in Article 44
BWherever each attending employee happens to be resident at the time of travel, since the service is consumed individually by each attendee
CThe service is exempt because scientific conferences fall under the cultural and educational exemptions in Article 132
DGermany, where the conference physically takes place, because Article 53 taxes admission to events at the event's actual location even when the paying customer is a taxable person
Correct answer: .
Article 53 carves out admission to cultural, artistic, sporting, scientific, educational, entertainment and similar events from the general B2B rule, taxing it instead at the place where the event physically takes place, and this applies even though the Danish company buying the passes is a taxable person that would normally trigger the customer-location rule. The option applying Article 44's general B2B rule is wrong precisely because Article 53 is the deliberate, more specific override for this category of service. The option looking at each attendee's personal residence misunderstands the rule entirely: the place-of-supply test looks at where the event occurs, not at the individual travel patterns or home addresses of attendees. The option invoking Article 132's cultural exemptions is wrong because that provision exempts specific supplies made by particular public-law or recognised bodies, not admission fees to commercial conferences generally, and it does not override Article 53's place-of-supply mechanics in any event.
Source: EU VAT Directive (2006/112/EC), Article 53 (admission to cultural, artistic, sporting, scientific, educational and entertainment events)
A non-EU-established electronics seller lists a consignment of goods with an intrinsic value of EUR 90 for sale to a private consumer in France, using an online marketplace that sets the sale terms and processes the payment on the seller's behalf. Since 1 July 2021, under Article 14a of the EU VAT Directive, who is treated as the supplier responsible for accounting for the French VAT on this sale?
AThe online marketplace itself, which is deemed to have received the goods from the underlying seller and supplied them onward to the consumer, making it liable for the VAT
BThe non-EU seller alone, since Article 14a only shifts VAT liability to marketplaces for sales made by sellers already established within the EU
CThe consumer, who must self-assess French import VAT directly with French customs upon delivery
DWhichever party the marketplace's own terms and conditions designate as responsible for VAT, since Article 14a leaves the allocation of liability to private contractual agreement
Correct answer: .
Article 14a, inserted by the e-commerce VAT reform effective 1 July 2021, deems an electronic interface that facilitates a B2C sale to have itself received the goods from the underlying seller and supplied them onward to the consumer whenever the underlying seller is not established in the EU, which is exactly this scenario -- so the marketplace, not the seller, becomes liable to collect, report and remit the French VAT. The option restricting the rule to EU-established sellers has the trigger backwards: the deemed-supplier rule specifically targets facilitated sales by sellers established outside the EU (alongside low-value imported consignments generally), not the reverse. The option describing consumer self-assessment at customs describes the pre-2021 low-value import regime that this reform replaced for facilitated marketplace sales. The option letting contractual terms decide liability is wrong because Article 14a imposes the deemed-supplier status by operation of law; it is not something the marketplace and seller can reassign between themselves.
Source: EU VAT Directive (2006/112/EC), Article 14a (deemed supplier rule inserted by Council Directive (EU) 2017/2455, effective 1 July 2021)
Company A in Spain sells goods to Company B in Italy, which in turn resells the same goods to Company C in Poland. The goods are transported directly from Spain to Poland in a single movement arranged by Company B, and Company B does not communicate to Company A any VAT identification number issued by Spain. Under Article 36a of the EU VAT Directive (inserted by the 2020 Quick Fixes), to which supply in this chain is the intra-Community transport attributed by default?
AThe supply from Company B to Company C, because the last supply in a chain always carries the intra-Community transport under Article 36a's general rule
BBoth supplies simultaneously, since Article 36a allows the transport to be split proportionally between the two legs of the chain
CThe supply from Company A to Company B, because Article 36a's default rule attributes the transport to the supply made to the intermediary operator who arranges it, unless that operator communicates a VAT number issued by the dispatch member state to its own supplier
DThe supply from Company A to Company B only if Company B happens to be established in Spain, since Article 36a's rule turns on the intermediary's place of establishment rather than which VAT number it discloses
Correct answer: .
Article 36a's default rule attributes the single intra-Community transport to the supply made TO the intermediary operator -- here, Company B, the party in the middle of the chain who arranges the transport -- so by default the exempt intra-Community supply is the one from Company A to Company B, with Company B then needing to account for a local acquisition and a further domestic-style supply into Poland. This default only flips to the second leg if Company B communicates to Company A a VAT number issued by Spain, the dispatch member state, which did not happen here. The option assigning the transport to the last supply gets the default backwards -- that outcome only arises through the derogation, not as the general rule. The option describing a proportional split invents a mechanism that Article 36a does not contain; the transport is attributed entirely to one supply, never divided. The option conditioning the result on Company B's place of establishment misidentifies the actual legal trigger, which is the specific VAT number Company B discloses to its own supplier, not where Company B happens to be established.
Source: EU VAT Directive (2006/112/EC), Article 36a (chain transactions rule inserted by Council Directive (EU) 2018/1910, the 2020 'Quick Fixes')
A VAT-registered wholesaler established in the Czech Republic makes zero-rated intra-Community supplies of goods to VAT-registered customers in Austria and Hungary during the reporting period. Under Article 262 of the EU VAT Directive, besides its normal VAT return, what additional reporting obligation does the wholesaler have?
ANone -- Article 262 only requires recapitulative statements for cross-border supplies of digital services, not physical goods
BIt must submit a recapitulative statement (EC Sales List) listing the VAT identification numbers of the Austrian and Hungarian customers and the value of goods supplied to each, feeding the VIES cross-checking system
CIt must submit the recapitulative statement only if the combined value of these intra-Community supplies exceeds the EU-wide EUR 10,000 distance-selling threshold
DIt must file a separate customs export declaration for each shipment, since intra-Community movements of goods are treated as exports under the EU VAT Directive
Correct answer: .
Article 262 requires a taxable person to submit a recapitulative statement listing every customer identified for VAT purposes to whom it made zero-rated intra-Community supplies of goods during the period, together with the value supplied to each, and this data feeds the VIES system so the destination member state can cross-check the exempt supply against the customer's own reported acquisition. The option restricting the obligation to digital services states the opposite of the rule -- the recapitulative statement obligation was built specifically for intra-Community goods movements (and reverse-charge services), not digital supplies. The option introducing a EUR 10,000 threshold confuses this reporting duty with the unrelated distance-selling threshold under Article 59c, which governs where B2C sales are taxed, not whether an EC Sales List is required for B2B intra-Community supplies. The option describing a customs export declaration is wrong because goods moving between member states never leave EU customs territory, so no export declaration arises; only the recapitulative statement applies.
Source: EU VAT Directive (2006/112/EC), Article 262 (recapitulative statements)
A VAT-registered furniture retailer established in Portugal purchases office furniture from a VAT-registered manufacturer established in the Netherlands, and the goods are transported from the Netherlands to Portugal. The Dutch manufacturer treats its sale as a zero-rated intra-Community supply. How does the EU VAT Directive treat this transaction on the Portuguese buyer's side?
AThe Portuguese buyer pays Dutch VAT to the manufacturer at the point of sale, which it later reclaims through the cross-border refund procedure
BNo VAT event arises for the Portuguese buyer at all, since the Dutch supplier's zero-rating fully discharges VAT on the transaction for both parties
CThe Portuguese buyer must pay import VAT to Portuguese customs when the goods physically cross the border, in the same way as goods arriving from outside the EU
DThe Portuguese buyer makes a taxable intra-Community acquisition and self-assesses Portuguese VAT on it under the reverse charge, deducting the same amount as input VAT on the same return where it has full recovery rights
Correct answer: .
Under Article 2(1)(b), an intra-Community acquisition of goods by a taxable person is itself a taxable transaction in the member state where the goods arrive, mirroring the supplier's zero-rated intra-Community supply: the Portuguese buyer self-assesses Portuguese VAT under the reverse charge and, where it has full deduction rights, reclaims the identical amount as input VAT on the very same return, so no net cash VAT changes hands on the transaction. The option describing Dutch VAT being charged and later reclaimed is wrong because the Dutch supplier zero-rates the supply precisely so that Dutch VAT never enters the picture at all. The option claiming no VAT event arises anywhere is wrong because the acquisition itself is a taxable event in Portugal, just one that nets to nil rather than one that never happened. The option describing import VAT at customs is wrong because goods moving between EU member states are not imports and never pass through customs control in the way goods entering from outside the EU do.
Source: EU VAT Directive (2006/112/EC), Articles 2(1)(b) and 21 (intra-Community acquisition of goods and reverse charge)
A travel agency established in France buys hotel accommodation and coach transport from independent suppliers and combines them into a package holiday sold in its own name to travellers. Under Articles 306 to 310 of the EU VAT Directive, how does the agency account for VAT on this package under the Tour Operators' Margin Scheme (TOMS)?
AVAT is charged only on the agency's margin -- the difference between the total price paid by the traveller and the actual cost of the bought-in travel services -- and the agency cannot deduct input VAT on those bought-in services
BVAT is charged on the full price paid by the traveller, and the agency separately deducts input VAT paid to each of the underlying hotel and coach suppliers in the normal way
CThe package is entirely VAT-exempt because it combines multiple separately-taxable services, accommodation and transport, purchased from different suppliers into a single sale
DVAT is charged on the full price paid by the traveller, but only in the member state where the underlying hotel accommodation is physically located
Correct answer: .
Articles 306 to 310 treat everything the travel agency does for a journey as a single supply and tax it only on the margin -- the price charged to the traveller minus the actual cost of the bought-in hotel and coach services -- while denying the agency any input VAT deduction on those bought-in costs, because that cost is already embedded in the margin calculation rather than recovered separately. The option describing full-price taxation with separate input deduction is wrong because that is exactly the ordinary VAT mechanism TOMS was designed to replace for travel agents, who would otherwise need VAT registrations in every member state where their underlying suppliers operate. The option claiming a blanket exemption is wrong because the margin itself remains fully taxable; TOMS is a special calculation method, not an exemption. The option taxing the full price at the location of the underlying accommodation is wrong because TOMS deliberately taxes the single supply where the travel agency itself is established or has the fixed establishment from which it made the sale, not at the location of any individual bought-in service.
Source: EU VAT Directive (2006/112/EC), Articles 306-310 (Special Scheme for Travel Agents)
A furniture manufacturer established in Sweden sells goods to a private customer established in Norway (outside the EU) and arranges for the goods to be transported directly out of the EU to that customer, retaining evidence that the goods physically left EU territory. Under Article 146 of the EU VAT Directive, how is this sale treated for VAT purposes?
AIt is taxed at the Swedish standard VAT rate, because exports to non-EU private consumers are treated the same as domestic retail sales
BIt is exempt only if the buyer is a business, since Article 146 applies exclusively to B2B export transactions and not to sales to private consumers
CIt is exempt from VAT, with the Swedish supplier retaining the right to deduct related input VAT, because Article 146 exempts goods dispatched or transported to a destination outside the EU, provided the supplier can evidence that the goods actually left EU territory
DIt is exempt from VAT only up to a value cap of EUR 150 per consignment, with any excess taxed at the Swedish standard rate
Correct answer: .
Article 146 exempts supplies of goods dispatched or transported to a destination outside the EU, with the supplier keeping the right to deduct input VAT related to that supply, and CJEU case law confirms the exemption turns on objective evidence that the goods actually left EU territory, not on the customer's business status or any fixed time limit. The option taxing the sale at the Swedish standard rate ignores the exemption entirely and treats an export like a domestic sale. The option restricting the exemption to B2B transactions is wrong because Article 146 covers exports to any customer outside the EU, private consumers included, as long as the goods physically leave EU territory. The option introducing a EUR 150 value cap confuses this export exemption with an unrelated import-side threshold that applies to low-value consignments entering the EU under the Import One Stop Shop regime, which has no bearing on outbound exports at all.
Source: EU VAT Directive (2006/112/EC), Article 146 (exemption for exportation of goods outside the Community)
A VAT-registered engineering firm established in Germany incurs VAT on hotel and conference costs while attending a trade fair in Belgium, but makes no taxable supplies in Belgium and is not VAT-registered there. Under Council Directive 2008/9/EC, how does the German firm recover this Belgian VAT?
AIt cannot recover the Belgian VAT at all, since cross-border VAT refunds under Directive 2008/9/EC are only available to businesses established outside the EU
BIt submits an electronic refund application through the portal set up by the German tax authority, addressed to Belgium as the member state of refund, by 30 September of the calendar year following the year in which the VAT was incurred
CIt must register for VAT in Belgium and reclaim the input VAT through a Belgian VAT return, since only VAT-registered businesses can recover input VAT incurred in another member state
DIt applies directly through the Belgian tax authority's own portal, bypassing its home member state, because Directive 2008/9/EC requires the claim to be lodged in the member state where the VAT was actually incurred
Correct answer: .
Directive 2008/9/EC lets a business established and VAT-registered in one member state, but not established or registered in the member state where the costs were incurred, reclaim that foreign VAT by filing an electronic application through the portal of its OWN home member state, which then forwards the claim to the member state of refund; the deadline is 30 September of the calendar year following the year to which the claim relates. The option denying recovery entirely confuses this regime with the separate 13th Directive procedure for businesses established outside the EU altogether. The option requiring Belgian VAT registration defeats the entire purpose of the simplified refund procedure, which exists specifically so businesses do not need to register in every member state where they merely incur cost, not make taxable supplies. The option describing a direct application through the Belgian portal reverses the correct routing: the claim is always lodged through the claimant's home member state's portal, never filed directly with the refunding state.
Source: Council Directive 2008/9/EC of 12 February 2008 (VAT refund procedure for taxable persons not established in the member state of refund)
A car rental company established in Italy rents a passenger car to a private customer established in Austria, who takes possession of the car in Italy and returns it after 25 continuous days. Under Article 56 of the EU VAT Directive, where is this hiring service taxed?
AAustria, where the private customer is established, because the general B2C place-of-supply rule for hired goods always looks to the customer's location regardless of hire duration
BItaly, but only because 25 days exceeds the 30-day threshold that defines short-term hiring, so the general long-term hiring rule applies instead
CAustria, because although 25 days falls within the short-term threshold, means of transport are always taxed at the customer's location regardless of hire duration
DItaly, where the car was actually put at the customer's disposal, because 25 continuous days falls within the 30-day threshold that defines short-term hiring of a means of transport under Article 56
Correct answer: .
Article 56 defines short-term hiring of a means of transport as continuous possession or use of no more than 30 days for vehicles (90 days for vessels), and taxes short-term hiring at the place where the vehicle is actually put at the customer's disposal -- here Italy, since 25 continuous days falls within that 30-day cap. This is a deliberate exception carved out from the general rule that applies to hiring other than short-term, which instead looks to the customer's establishment or residence. The option taxing this in Austria under the general customer-location rule wrongly applies the rule reserved for hire periods exceeding the short-term threshold. The option reasoning that 25 days exceeds 30 days simply gets the arithmetic backwards. The option asserting that means of transport are always taxed at the customer's location is also wrong: that outcome only holds for hiring other than short-term (with a further narrow exception for pleasure boats supplied from the same place they are put at the customer's disposal), not for a 25-day short-term hire.
Source: EU VAT Directive (2006/112/EC), Article 56 (short-term hiring of a means of transport)
Two separately incorporated companies, both VAT-registered and established in Belgium, are wholly owned by the same parent, share the same management board, and operate as a single integrated business under common financial control. Belgium has exercised the option in Article 11 of the EU VAT Directive to introduce a VAT grouping scheme, and the two companies meet the financial, economic and organisational criteria Belgium requires. What is the effect of admitting them to a Belgian VAT group?
AVAT grouping under Article 11 merely allows the group members to file a single consolidated VAT return for administrative convenience, while each member still separately charges and accounts for VAT on supplies made to other group members
BOnce Belgium exercises the Article 11 option, the same two companies could extend the VAT group to include a commonly controlled subsidiary established in a different member state, since VAT grouping is available on an EU-wide consolidated basis
CThe two companies are treated as a single taxable person, so supplies between them fall outside the scope of VAT altogether and only one VAT return is filed for the group, available only because Belgium chose to exercise the Article 11 option and the companies meet the financial, economic and organisational bonds it requires
DVAT grouping is available automatically to any two commonly owned companies in the EU without any Member State needing to adopt implementing legislation, since Article 11 creates a directly effective right for taxpayers
Correct answer: .
Article 11 lets a Member State treat two or more persons established in its territory, who are legally independent but closely bound by financial, economic and organisational links, as a single taxable person for VAT purposes. The practical effect is that transactions between the grouped companies fall outside the scope of VAT altogether, and the group files one VAT return rather than each member accounting separately, but only because Belgium chose to exercise this optional mechanism and the companies satisfy the bonds it requires; the option does not apply automatically anywhere in the EU. The option describing the effect as merely a shared administrative filing while intra-group supplies remain separately taxed misses the core legal effect: those supplies are disregarded entirely, not just consolidated on one form. The option suggesting the same grouping could extend to a commonly controlled subsidiary established in a different member state is wrong because VAT grouping is expressly limited to persons established within the same Member State; cross-border VAT groups are not permitted under the Directive. The option describing Article 11 as creating an automatic, EU-wide right without any Member State needing implementing legislation is also wrong: grouping is optional, requires a Member State to adopt it domestically after consulting the VAT Committee, and Member States define the closely-bound criteria themselves.
Source: EU VAT Directive (2006/112/EC), Article 11 (VAT grouping)
A facilities-management company established in the Netherlands provides ongoing maintenance services to a Dutch client under a three-year contract, issuing an invoice and receiving payment at the end of each calendar quarter for the services performed during that quarter. Under Article 64 of the EU VAT Directive, when does VAT become chargeable on this continuous supply of services?
AVAT becomes chargeable at the end of each successive period to which a statement of account or payment relates, so each quarter is treated as a completed supply for VAT purposes even though the underlying contract continues
BVAT becomes chargeable only once, when the three-year contract is signed, since that is when the underlying obligation to perform the services arises
CVAT becomes chargeable only when the contract concludes after three years, since a continuous supply of services cannot be regarded as completed until the underlying obligation is fully performed
DVAT becomes chargeable whenever the supplier actually receives cleared funds from the client, regardless of which quarterly period the invoice describes
Correct answer: .
Article 64 provides that where a supply of services gives rise to successive statements of account or successive payments, the supply is treated as completed at the end of each period to which a statement or payment relates. So for this three-year maintenance contract billed and paid quarterly, VAT becomes chargeable at the close of each quarter, treating that quarter's services as a discrete completed supply, even though the underlying contractual relationship continues uninterrupted for three years. The option tying chargeability to the moment the contract is signed confuses the creation of a contractual obligation with the tax point for a continuous supply, which Article 64 deliberately displaces from the general completion-of-supply rule in Article 63. The option deferring chargeability until the entire three-year contract concludes is wrong for the same reason in the opposite direction: Article 64 exists precisely so that VAT does not wait until a long-running service finally ends. The option tying chargeability to actual receipt of cleared funds, rather than to the period a statement or payment relates to, misstates the rule; the trigger is the expiry of the relevant billing period itself, not the moment money physically clears in the supplier's account.
Source: EU VAT Directive (2006/112/EC), Article 64 (chargeable event for successive statements of account or payments)
A private individual resident in Ireland buys a new car from a dealer in Germany, a car that has been driven only 3,000 kilometres since first entering service, and personally drives it back to Ireland for permanent use there. Under Article 2(1)(b)(ii) of the EU VAT Directive, how is this purchase taxed for VAT purposes, irrespective of any distance-selling threshold?
AThis is taxed under the normal domestic retail rule, as if it were any other private consumer purchase carried home from another member state, so German VAT is due and no further VAT is owed to Ireland
BThis is taxed under the general distance-selling threshold rules, so no Irish VAT is due unless the German dealer's cumulative EU-wide B2C sales exceed the EUR 10,000 threshold
CThis is taxed in whichever member state the individual is a VAT-registered trader in; since a private individual cannot be VAT-registered, no VAT is due in either member state
DThis is an intra-Community acquisition of a new means of transport, which is always taxed in Ireland, the member state of arrival, regardless of the buyer's private status and regardless of any distance-selling threshold
Correct answer: .
New means of transport are deliberately carved out of the ordinary rules that otherwise let a private individual carry VAT-paid goods home from another Member State without further VAT consequence. Under Article 2(1)(b)(ii), the intra-Community acquisition of a new means of transport, defined for a motorised land vehicle as one supplied within six months of first entering service or with no more than 6,000 kilometres of use, both of which this car satisfies, is always taxed in the Member State of arrival, here Ireland, regardless of whether the acquirer is a private individual or a business, and regardless of any distance-selling threshold. The option treating this like an ordinary private consumer purchase carried home is wrong because that origin-taxation outcome applies to ordinary goods a consumer personally transports, not to new means of transport, which are expressly excluded from that default. The option invoking the distance-selling threshold is wrong because that threshold-based regime governs a supplier's aggregated B2C sales of ordinary goods and never applies to new means of transport, which are always destination-taxed with no threshold at all. The option concluding no VAT is due because a private individual cannot be VAT-registered is wrong because Article 2(1)(b)(ii) explicitly subjects acquisitions of new means of transport by any person, including non-taxable private individuals, to VAT via a simplified declaration procedure.
Source: EU VAT Directive (2006/112/EC), Article 2(1)(b)(ii) (intra-Community acquisition of new means of transport)
A telecommunications operator established in France supplies a mobile telecom service to a private individual established in Switzerland (outside the EU). Under the general place-of-supply rule for telecom services in Article 59, this supply would normally be treated as taking place in Switzerland, outside the EU. However, the Swiss customer uses the service almost exclusively while physically present and roaming during an extended stay in France, so the effective use and enjoyment of the service takes place in France. France has exercised the override in Article 59a(b) of the EU VAT Directive. What is the effect?
ASince Article 59 already fixes the place of supply outside the EU whenever the customer is established outside the EU, France has no power under Article 59a to relocate the place of supply back into French territory, because the use-and-enjoyment override applies only to purely B2B services
BBecause France has exercised the Article 59a(b) override, it may treat the place of supply as being within France rather than outside the EU, since the customer's effective use and enjoyment of the telecom service takes place there, meaning the operator must charge French VAT despite the customer's Swiss residence
CThe Article 59a override is mandatory and must be applied identically and automatically by every Member State, so France's application of it merely mirrors a uniform EU-wide rule rather than reflecting any Member State-specific policy choice
DEffective use-and-enjoyment provisions can only ever be used to move a supply that would otherwise be taxed inside the EU to outside the EU, never the reverse, so France could not use Article 59a to bring this Swiss-customer supply back inside French VAT
Correct answer: .
Article 59a lets a Member State relocate the place of supply of certain services, including telecom services covered by Article 59, to match where the service is actually used and enjoyed rather than where the general rule would otherwise place it. Under Article 59a(b), because France has exercised this override and the customer's effective use and enjoyment genuinely occurs in France, France may treat the supply as taking place within its own territory even though Article 59's general rule would otherwise place it in Switzerland based on the customer's residence, meaning the operator must charge French VAT. The option denying France any such power misreads Article 59a as confined to B2B services only, when it also applies to the B2C telecom, broadcasting and electronic services covered by Article 59. The option describing the override as mandatory and uniformly applied across the EU is wrong: Article 59a is optional, and a significant number of Member States choose not to apply any use-and-enjoyment override at all, so its use is a Member State-specific policy choice, not a harmonised EU-wide default. The option claiming the override can only move a supply from inside the EU to outside, never the reverse, is wrong because Article 59a operates in both directions: paragraph (a) can relocate a supply outward and paragraph (b) can relocate one inward, exactly as happens here.
Source: EU VAT Directive (2006/112/EC), Article 59a (use and enjoyment override)
A retailer issues two types of vouchers. Voucher X is redeemable only for one specific standard-rated electronics product sold exclusively by the retailer in Spain, so the place of supply and the exact VAT amount due are already fixed and known at the moment the voucher is sold. Voucher Y is redeemable at a shopping centre for any of hundreds of different goods spanning multiple VAT rates and multiple possible redemption locations, so neither the place of supply nor the applicable VAT is known until it is actually redeemed. Under Council Directive (EU) 2016/1065 amending the EU VAT Directive's treatment of vouchers, how is each voucher treated for VAT?
AVoucher X is a single-purpose voucher, so VAT is charged on each transfer of the voucher itself and the eventual handover of the product is not a separate transaction; Voucher Y is a multi-purpose voucher, so VAT is only charged when the goods or services are ultimately supplied at redemption, not on the voucher's transfer
BVoucher X is a multi-purpose voucher taxed only at redemption, while Voucher Y is a single-purpose voucher taxed on each transfer, because the shopping centre setting means Voucher Y's terms are fixed in advance while Voucher X's single product still leaves the exact tax point open
CBoth vouchers are always taxed at the point of issue regardless of type, since a voucher is itself deemed a supply of goods under the EU VAT Directive
DBoth vouchers are outside the scope of VAT entirely until redeemed, since a voucher is merely evidence of a right to receive goods and is never itself treated as a supply
Correct answer: .
Directive (EU) 2016/1065 defines a single-purpose voucher as one where the place of supply of the underlying goods or services and the VAT due on them are already known at the time the voucher is issued; Voucher X fits this exactly, so each transfer of Voucher X is itself treated as a supply of the electronics product, meaning VAT is charged at the point the voucher changes hands and the later handover of the product is not taxed again as a separate transaction. Voucher Y, by contrast, is a multi-purpose voucher precisely because the place of supply and VAT due cannot be determined until redemption, so VAT is charged only when the goods or services are actually supplied at that point, not on the voucher's earlier transfer. The option reversing which voucher is taxed at issue versus redemption simply swaps the two definitions and gets both wrong. The option taxing both vouchers at issue regardless of type ignores the entire point of the single-purpose/multi-purpose distinction, which exists because a multi-purpose voucher's VAT treatment genuinely cannot be fixed until redemption. The option treating both vouchers as entirely outside VAT until redemption is wrong for Voucher X specifically, since a single-purpose voucher's transfer is itself deemed a taxable supply, not merely evidence of a future right.
Source: Council Directive (EU) 2016/1065 amending Directive 2006/112/EC, Articles 30a-30b (single-purpose and multi-purpose vouchers)
A company established in a Member State that has adopted the maximum capital-goods adjustment period the EU VAT Directive allows for immovable property purchases an office building for use entirely in taxable activities and deducts the input VAT on the purchase in full. Two years later, it begins permanently renting out part of the building for use in VAT-exempt activities. Under Articles 187 and 188 of the EU VAT Directive, what happens to the input VAT already deducted?
AThe original deduction remains final and unaffected, because input VAT deduction is only ever tested at the time of acquisition and is never re-tested for a later change in how a capital good is used
BThe full amount of the originally deducted VAT must be repaid immediately in a single lump sum in the year the exempt use begins, since capital goods adjustment operates as an all-or-nothing clawback
CNo adjustment applies to this building because immovable property is entirely excluded from the capital goods adjustment mechanism, which only covers movable equipment
DThe original deduction is not final; a proportion of it must be adjusted for each remaining year of the adjustment period during which the exempt use continues, spread over up to twenty years for immovable property rather than clawed back all at once
Correct answer: .
Articles 187 and 188 require the initial input VAT deduction on a capital good to be revisited if the proportion of taxable versus exempt use changes during a defined adjustment period, five years by default for most capital goods, but Member States may extend this up to twenty years for immovable property, which is what this Member State has done. When part of the building shifts to permanent exempt use two years into that period, the deduction is adjusted proportionally for each of the remaining years of the adjustment period during which the exempt use continues, rather than being left untouched or clawed back all at once. The option treating the original deduction as final and untouchable is wrong because the entire purpose of the capital goods adjustment mechanism is to re-test deduction against actual use over the extended adjustment period, not just at acquisition. The option requiring full repayment of the entire deduction in one lump sum is wrong because the adjustment is spread proportionally across the remaining years of use, not clawed back all at once as if the original deduction were entirely void. The option excluding immovable property from the mechanism altogether is wrong because immovable property is explicitly within scope and, if anything, subject to a longer adjustment period than other capital goods, not an exemption from it.
Source: EU VAT Directive (2006/112/EC), Articles 187-188 (adjustment of deductions for capital goods)
A property company established in an EU member state makes both taxable sales of new commercial buildings and VAT-exempt lettings of residential property. It incurs VAT on general overhead costs, such as legal and accounting fees, that relate to the business as a whole and cannot be directly traced to either activity alone. Under Articles 173 and 174 of the EU VAT Directive, and absent any Member State election of an alternative apportionment method, how much of this overhead VAT may the company deduct?
AThe entire overhead VAT is deductible in full, since it relates to the business as a whole and pro-rata apportionment only ever applies to costs directly traceable to exempt supplies
BNone of the overhead VAT is deductible, since making any exempt supplies at all disqualifies related general costs from deduction entirely
COnly a proportion of the overhead VAT, calculated as a fraction with taxable-transaction turnover as the numerator and total turnover, taxable plus exempt, as the denominator, the standard turnover-based deductible proportion applied annually
DThe company may deduct whatever proportion it unilaterally decides is fair, since Member States must accept any reasonable self-assessed estimate without a prescribed default formula
Correct answer: .
Article 173 provides that where goods or services are used for both VAT-deductible and non-deductible transactions, only the proportion of input VAT attributable to the deductible transactions may be recovered. Article 174 sets the default method for calculating that proportion: a fraction with the turnover from VAT-deductible transactions as the numerator and total turnover, both deductible and non-deductible transactions combined, as the denominator, applied to the shared overhead costs. So the property company may deduct only the pro-rata share of the overhead VAT corresponding to its taxable building sales relative to its total turnover, not the whole amount and not none of it. The option allowing full deduction of the overhead VAT is wrong because Article 173 exists precisely to restrict deduction on costs shared between taxable and exempt activity, not just costs traceable solely to exempt supplies. The option denying any deduction at all is wrong because making some exempt supplies does not eliminate the right to deduct the taxable-activity share of shared costs, only restricts it proportionally. The option letting the company unilaterally pick whatever proportion it considers fair is wrong because Article 174 prescribes a specific default turnover-based formula, and any departure from it requires a Member State-level election of one of the alternative methods in Article 173(2), not a taxpayer's own unconstrained estimate.
Source: EU VAT Directive (2006/112/EC), Articles 173-174 (deductible proportion for mixed taxable and exempt use)
A wholesaler established in Portugal supplies goods to a customer and accounts for and remits the VAT due on that supply to the tax authority in the ordinary way. The customer subsequently becomes insolvent and never pays part of the invoice. Under Article 90 of the EU VAT Directive, what happens to the VAT the wholesaler has already remitted on the unpaid portion?
AVAT already remitted to the tax authority can never be reduced or refunded once paid, since VAT liability is fixed and finally determined at the moment of the original taxable supply
BMember States must allow the taxable amount, and correspondingly the VAT due, to be reduced to reflect the non-payment, subject to conditions the Member State sets, so the wholesaler is not permanently forced to bear VAT on consideration it never actually receives
CReduction of the taxable amount for non-payment is entirely optional for a Member State to refuse altogether, with no minimum obligation under the Directive
DThe wholesaler must first formally pursue the defaulting customer through insolvency proceedings and can only recover the VAT out of whatever insolvency payout it receives as an ordinary creditor, since Article 90 provides no separate VAT-specific remedy
Correct answer: .
Article 90 requires Member States to allow the taxable amount, and correspondingly the VAT due, to be reduced in cases of total or partial non-payment after a supply has taken place, subject to conditions each Member State sets. This means the wholesaler is entitled to recover the VAT corresponding to the unpaid portion of the invoice, since VAT is meant to be levied on the consideration actually received, not on an amount that will never be paid because the customer is insolvent. The option treating already-remitted VAT as permanently fixed and irrecoverable is wrong because Article 90 specifically exists to correct that outcome for non-payment, and the Court of Justice has confirmed Member States cannot exclude this reduction altogether. The option describing the reduction as entirely optional for a Member State to refuse is wrong because, while Member States may set conditions and procedures for how the relief is claimed, they may not eliminate the underlying entitlement completely. The option requiring the wholesaler to pursue recovery only through insolvency proceedings, with no VAT-specific remedy, is wrong because Article 90 provides a distinct VAT adjustment mechanism separate from whatever the wholesaler recovers, or fails to recover, as an insolvency creditor for the unpaid price itself.
Source: EU VAT Directive (2006/112/EC), Article 90 (reduction of the taxable amount for non-payment)
A wholesaler and its customer are both VAT-registered businesses established in the same Member State. The wholesaler supplies a batch of mobile phones and integrated circuit devices to the customer, and the entire transaction takes place domestically within that one Member State, which has opted to apply the sector-based reverse charge in Article 199a of the EU VAT Directive to these specific goods because of their high fraud risk. What is the effect on this domestic supply?
AThe reverse charge under Article 199a applies automatically across the whole EU without any Member State needing to adopt it locally
BThis scenario is impossible, because reverse charge can only ever apply to cross-border supplies between businesses established in different member states, never to a purely domestic supply
CThe wholesaler remains liable to charge and remit VAT as normal, since Article 199a is merely a reporting obligation and does not shift who is liable to account for the VAT
DEven though both parties are established in the same Member State and the supply is entirely domestic, that Member State may shift liability to charge and account for the VAT onto the VAT-registered customer instead of the wholesaler, because mobile phones and integrated circuit devices are listed in Article 199a as high-fraud-risk goods
Correct answer: .
Article 199a lets a Member State designate the customer, rather than the supplier, as liable to account for VAT on specified high-fraud-risk goods and services, including mobile phones and integrated circuit devices, once that Member State has chosen to adopt the measure domestically. Because this Member State has done so, the VAT-registered customer, not the wholesaler, must charge itself and account for the VAT on this purely domestic supply, even though both parties are established in the same country, a shift that exists specifically to combat fraud in these listed high-risk goods, and is entirely separate from the ordinary cross-border reverse charge that applies merely because a supplier is established outside the customer's country. The option describing this as automatic across the whole EU is wrong because Article 199a is optional and only applies where a Member State has specifically adopted it for the listed goods. The option treating a domestic reverse charge as impossible, on the theory that reverse charge only ever applies cross-border, is wrong and conflates the general cross-border reverse charge with this distinct sector-based domestic mechanism. The option leaving the wholesaler liable as normal is wrong because the entire point of Article 199a is to shift, not merely report, the liability to account for VAT onto the customer for these specific goods.
Source: EU VAT Directive (2006/112/EC), Article 199a (optional sector-based domestic reverse charge for fraud-sensitive supplies)
A bank established in an EU member state earns interest income from granting loans, an activity exempt from VAT under Article 135(1)(b), and incurs VAT on related overhead costs such as loan-processing software. Separately, an exporter established in the same member state sells goods that are dispatched outside the EU, an activity exempt from VAT under Article 146. Under the EU VAT Directive's general scheme of exemptions, how does the consequence for input VAT deduction differ between the bank's loan-interest activity and the exporter's activity?
AThe loan-interest exemption under Article 135 is an exemption without the right to deduct, so input VAT on related costs is not deductible; the export exemption under Article 146 is applied while preserving full deduction rights, commonly described as zero-rating, so the exporter can still recover input VAT unlike the bank
BThe loan-interest exemption under Article 135 preserves the bank's full right to deduct related input VAT, while the export exemption under Article 146 blocks the exporter's input VAT deduction entirely
CBoth types of exemption identically preserve full input deduction rights, since exempt always means no VAT is charged, but underlying input costs remain fully recoverable regardless of category
DNeither exemption affects input deduction at all, since deduction rights depend solely on whether the taxpayer is VAT-registered, not on the character of the specific exempt supply made
Correct answer: .
The EU VAT Directive treats these two categories of exemption very differently for deduction purposes. The bank's loan-interest activity falls under Article 135 as an exemption without the right to deduct: no VAT is charged on the interest income, but input VAT on costs related to that activity, such as the loan-processing software, is not recoverable either. The exporter's activity under Article 146, by contrast, is an exemption with credit, commonly described as zero-rating: no VAT is charged on the export, but the exporter still retains the full right to deduct input VAT on costs related to making that export, unlike the bank. The option reversing this, claiming the financial exemption preserves deduction while the export exemption blocks it, simply swaps the two categories and gets both backwards. The option asserting both types of exemption identically preserve full deduction rights ignores that these are two structurally different categories of exemption within the Directive, precisely because Article 135 exemptions are without credit while Article 146 exemptions are with credit. The option claiming deduction rights depend only on VAT-registration status, not on the character of the exempt supply, is wrong because the Directive expressly distinguishes exempt-without-credit supplies from exempt-with-credit supplies, and that distinction is exactly what drives the different deduction outcomes here.
Source: EU VAT Directive (2006/112/EC), Articles 135 and 146 (exemption without vs with the right to deduct)
A gold refiner produces investment gold bars that meet the EU VAT Directive's purity standard and sells a batch of them to a VAT-registered coin dealer in the same member state. Separately, a different company that ordinarily supplies gold for industrial manufacturing use also sells a batch of investment-grade gold bars to another VAT-registered business. Under Articles 348 and 349 of the EU VAT Directive, both companies want to opt to tax these supplies of investment gold, which would otherwise be exempt under Article 346. Which statement correctly distinguishes their position?
ANeither company can opt to tax, because the Article 346 exemption for investment gold is compulsory and permits no option to tax by any supplier under any circumstance
BOnly the industrial-gold supplier can opt to tax, since Article 348 reserves the producer's option exclusively for gold coins rather than bars, while Article 349 covers gold bars supplied by any business
CThe refiner producing the investment gold must be allowed to opt to tax its supply under Article 348, a right member states cannot refuse, while the industrial-gold supplier's option under Article 349 is only available if the member state concerned chooses to grant it, and that member state may also restrict how the option operates
DBoth companies have an identical, unconditional right to opt to tax, because Articles 348 and 349 are simply two parallel drafting mechanisms stating the same single rule
Correct answer: .
Article 348 requires every member state to give producers of investment gold, or those who transform gold into investment gold, the right to opt to tax their supplies of that gold to another taxable person, a supply which Article 346 would otherwise exempt. That right belongs to the refiner and cannot be denied by the member state concerned. Article 349 is drafted differently and permissively: a member state may, but is not required to, extend an equivalent option to businesses that normally supply gold for industrial use, and that option is narrower in scope, covering only gold bars and wafers (not coins) supplied to another taxable person, with the member state free to restrict how the option is applied. So the refiner's right is guaranteed directly by the Directive, while the industrial-gold supplier's option depends entirely on whether, and on what terms, that particular member state has chosen to implement Article 349. The option describing the exemption as entirely compulsory with no possibility of opting to tax ignores both Articles 348 and 349, which exist precisely to create that possibility. The option swapping which company's right comes from which article misstates the allocation: Article 348 is the producer or transformer's guaranteed right over the gold they themselves produce or transform, not a provision reserved for coins, and Article 349 is the discretionary one aimed at industrial-gold suppliers. The option treating both rights as identical and unconditional overlooks the deliberate difference in mandatory versus discretionary language the Directive uses for the two groups.
Source: EU VAT Directive (2006/112/EC), Articles 346 and 348-349 (investment gold exemption and the option to tax)
A catering company established in France prepares and serves meals to passengers on board a train operating a single passenger transport service that departs from Paris, France, travels through Belgium, and terminates in Amsterdam, Netherlands, with the meal physically served to passengers while the train is travelling through Belgium. Under Article 57 of the EU VAT Directive, where is this restaurant and catering service taxed for VAT purposes?
AParis, France, the point of departure of the passenger transport operation, because restaurant and catering services physically supplied on board a ship, aircraft or train during the section of a passenger transport operation effected within the EU are taxed at the place where that transport operation begins, not where the meal happens to be served
BBelgium, because Article 55's general rule taxes restaurant and catering services at the place where they are physically carried out, and that general rule applies without exception to every on-board meal service
CAmsterdam, the Netherlands, because restaurant and catering services supplied during an EU passenger transport operation are always taxed at the operation's final destination, regardless of where the meal is actually served
DBelgium, because an on-board meal service of this kind requires the caterer to register for VAT separately in every member state the transport passes through, with the VAT due apportioned between each of them
Correct answer: .
Article 55 sets the EU's default rule that restaurant and catering services are taxed at the place where they are physically carried out. Article 57 carves out a specific exception from that default for restaurant and catering services physically supplied on board a ship, aircraft or train during the section of a passenger transport operation effected within the Community: those are instead taxed at the point of departure of the passenger transport operation, regardless of which member state the vehicle happens to be passing through at the moment the meal is actually served. Here the transport operation departs from Paris, so Article 57 fixes the place of taxation there even though the meal itself is served while the train is in Belgian territory. The option applying Article 55's physical-performance rule without exception ignores that Article 57 specifically overrides it for this on-board, within-the-EU scenario. The option taxing the service at the final destination misstates the rule, which looks to the departure point, not the arrival point, of the transport operation. The option requiring registration and apportionment across every member state the train passes through describes a mechanism the Directive does not use for this situation; Article 57 deliberately assigns a single, fixed place of taxation at departure precisely to avoid that kind of multi-state apportionment for a single continuous passenger transport operation.
Source: EU VAT Directive (2006/112/EC), Articles 55 and 57, as clarified by Council Implementing Regulation (EU) No 282/2011, Article 36 (restaurant and catering services place of supply)
Several independent insurance companies, each making only VAT-exempt insurance supplies, jointly set up and own a separate entity whose sole purpose is to provide shared back-office claims-processing services exclusively to its own member insurers. The entity charges each member exactly its share of the common operating costs, with no markup. Under Article 132(1)(f) of the EU VAT Directive, can these shared services be exempt from VAT?
ANo, because Article 132(1)(f) only exempts a cost-sharing arrangement if every single member of the group receives an identical share of the services, something that rarely happens in practice
BYes, provided the group's members carry out an activity that is itself exempt from VAT or outside the scope of VAT, the services supplied are directly necessary for that exempt or non-business activity, the group charges members no more than their exact share of the common costs, and granting the exemption would not risk distorting competition
CNo, because Article 132(1)(f) applies only to groups of taxable persons carrying out fully taxable activities, so that they can pool and recover input VAT more easily
DYes, automatically, the moment the group is legally structured as a cost-sharing entity, regardless of what its members' own activities are or how its charges to them are calculated
Correct answer: .
Article 132(1)(f) exempts services supplied by an independent group of persons to its own members, but only when four conditions are all met: the members' own activities must themselves be exempt from VAT or fall outside the scope of VAT altogether; the services the group supplies must be directly necessary for carrying out that exempt or non-business activity; the group must charge members exactly their own share of the costs the group jointly incurs, with no profit margin added; and granting the exemption must not be likely to cause a distortion of competition. Here, every member insurer makes only exempt insurance supplies, the claims-processing service is directly tied to that exempt activity, and the group recovers only its exact costs, so the conditions are satisfied. The option requiring every member to receive an identical share of services misstates the rule: the Court of Justice has confirmed the exemption can apply even where the group's services are supplied to only one or some of its members, not necessarily all of them equally. The option restricting the exemption to groups whose members carry out fully taxable activities has the purpose backwards; the whole point of Article 132(1)(f) is to soften the cost of pooling services among members who, because their own output is exempt or non-business, cannot otherwise recover input VAT on costs bought in individually. The option treating the exemption as automatic regardless of the members' activities or the charging method ignores all four of the statutory conditions that must actually be satisfied.
Source: EU VAT Directive (2006/112/EC), Article 132(1)(f) (exemption for services supplied by independent groups of persons to their members)
A VAT-registered business established in an EU member state regularly imports goods for its taxable business activities and, instead of paying import VAT in cash to customs at the point of entry and reclaiming it later, wants to declare and deduct that import VAT on its periodic VAT return. Under Article 211 of the EU VAT Directive, is this generally possible, and on what terms?
ANo, Article 211 requires every member state to collect import VAT in cash at the border without exception, with no mechanism anywhere in the Directive allowing it to be deferred to a later return
BYes, automatically and identically in every member state, because Article 211 itself fixes a single uniform deferral mechanism that every member state must apply without attaching any national conditions
CYes, in principle: Article 211 leaves each member state to set its own detailed rules for how import VAT is paid, including the option of letting some or all importing taxable persons declare that VAT on their periodic VAT return instead of paying it at the point of importation, and the member state concerned may attach its own conditions, such as requiring prior authorisation
DNo, postponed import VAT accounting is available only to businesses below a specific EU-wide turnover ceiling that Article 211 itself sets directly
Correct answer: .
Article 211 leaves it to each member state to lay down the detailed rules for payment of VAT on the importation of goods, and it expressly permits a deferral option: the VAT due on an importation need not be paid at the time of importation, on condition that it is instead entered as such in the importer's periodic VAT return. The Directive does not force every member state to grant this option to every importer in an identical way; it is the member state's own detailed rules that decide who may use it and on what terms. The Court of Justice confirmed in Case C-79/12 (Mora IPR) that a member state may lawfully add its own further conditions, such as requiring the importer to hold a deferred-payment authorisation, before allowing the deferral. The option claiming every member state must always collect import VAT in cash at the border ignores the deferral mechanism Article 211 explicitly creates. The option describing a single uniform mechanism applied identically everywhere without national conditions overstates what Article 211 does, since the provision is permissive and conditional, leaving the detailed rules, including any authorisation requirement, to each member state. The option tying availability to an EU-wide turnover ceiling invents a limit that Article 211 itself does not contain; any such ceiling would be a national choice, not something fixed directly by this provision.
Source: EU VAT Directive (2006/112/EC), Article 211 (payment arrangements for VAT on importation), as considered by the CJEU in Case C-79/12 Mora IPR
A private clinic performs two different procedures on two different patients in the same member state. The first patient undergoes reconstructive surgery to correct a congenital facial deformity that is causing a diagnosed breathing impairment. The second patient undergoes a purely aesthetic procedure, requested solely to alter their appearance for personal preference, with no diagnosed health condition and no health professional recommending it to treat, prevent, or protect against any health problem. Under Article 132(1)(b) and (c) of the EU VAT Directive, as interpreted by the Court of Justice in Skatteverket v PFC Clinic, how does the medical-care exemption apply to these two procedures?
AThe reconstructive surgery addressing a genuine health disorder qualifies as exempt medical care because it serves a therapeutic purpose, while the purely aesthetic procedure, lacking any diagnostic, therapeutic or health-protective purpose, falls outside the exemption regardless of how either patient personally feels about their own motivation for undergoing it
BBoth procedures are exempt, because Article 132(1)(b) and (c) exempt any medical or surgical intervention performed by a qualified practitioner, irrespective of whether the intervention has any therapeutic purpose
CNeither procedure is exempt, because the medical-care exemption under EU VAT law is limited strictly to treatment delivered inside a public hospital and never extends to a private clinic
DThe classification depends entirely on what each patient subjectively believed their own procedure was for, so if the second patient genuinely believed their aesthetic procedure served a health purpose, it would also qualify as exempt
Correct answer: .
The Court of Justice held in Skatteverket v PFC Clinic that plastic surgery and other cosmetic treatments fall within 'medical care' and 'the provision of medical care' under Article 132(1)(b) and (c) only where those services are intended to diagnose, treat or cure a disease or health disorder, or to protect, maintain or restore human health -- a purpose-based test that applies regardless of the specific type of procedure involved. The Court also made clear that a patient's own subjective understanding of why they underwent a procedure is not in itself decisive in determining whether it had a therapeutic purpose; what matters is the procedure's actual diagnostic or health-protective aim, which the health problems covered can include psychological as well as physical conditions. On these facts, the reconstructive surgery treats a diagnosed congenital impairment and therefore has the required therapeutic purpose, while the purely aesthetic procedure, undertaken for personal preference with no diagnosed condition and no health professional recommending it for any health-protective reason, has no such purpose and falls outside the exemption. The option exempting both procedures regardless of purpose ignores the purpose-based test the Court applied. The option excluding private clinics entirely misstates the law: the exemption is not confined to care delivered in a public hospital, and a private clinic's supplies can still qualify for exemption once the therapeutic-purpose test is met. The option making the outcome turn on the second patient's personal belief about their own motivation directly contradicts the Court's express ruling that the patient's subjective view is not decisive.
Source: EU VAT Directive (2006/112/EC), Article 132(1)(b) and (c), as interpreted by the CJEU in Case C-91/12 Skatteverket v PFC Clinic AB
About EU VAT & Cross-Border Rules
This topic covers EU VAT: the harmonized value-added tax framework that applies, with local variations, across all EU member states. Its legal backbone is the VAT Directive (Council Directive 2006/112/EC), which recast and consolidated the EU's earlier VAT rules from 1 January 2007 onward and sets the common scope, rate structure, and place-of-supply rules that every member state's own VAT law must follow. Member states keep some autonomy: each sets its own standard rate, provided it's at least 15%, plus optional reduced and zero rates for specific categories, which is why the same product can be taxed differently depending on which member state it's sold in, even though the underlying directive is identical.
Where a supply is taxed matters as much as the rate. For B2B services, VAT is generally due where the business customer is established; for B2C sales of goods, since 1 July 2021 cross-border distance sales above a single EU-wide €10,000 threshold are taxed in the customer's member state rather than the seller's. Two schemes introduced that same date simplify compliance with that rule: the One Stop Shop (OSS), which lets a business report VAT on sales across every member state through a single return filed in its own, and the Import One Stop Shop (IOSS), which does the same for low-value goods, up to €150, imported from outside the EU.
Special regimes layer on top of these general rules for particular trades - the margin scheme for second-hand goods, the Tour Operators' Margin Scheme for travel agents, and triangulation relief for three-party chain transactions among them - each trading simplicity for some loss of the normal input-VAT-recovery mechanics.