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 Main VAT legislation
 

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (Former 6th VAT Directive, 77/388/EEC)

Council Directive 2006/112/EC is a recast of the 6th VAT Directive of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (77/388/EEC). It is the main body of European VAT legislation.

 
 Margin taxation scheme
 

Articles 306-310 of Council Directive 2006/112/EC (former Article 26 of the 6th VAT Directive) provides a special VAT scheme for travel service providers, under the so-called "margin taxation scheme". Under the special margin scheme all transactions performed by the travel service providers in respect of a single travel package are treated as a single supply of services for VAT purposes, taxable in their own Member State. They have no right to deduct VAT on supplies made to them, but on the other hand they is only taxed on the profit margin realized on the supply of the travel package.

The Court of Justice of the European Communities has ruled in a number of instances on the interpretation of the various provisions of the margin taxation scheme, notably:  

Other Court rulings relevant for travel service providers but not directly linked to the margin taxation scheme:

 
 Revision of the margin taxation scheme
 

Proposal for a Council Directive amending Directive 77/388/EEC as regards the special scheme for travel agents, COM(2002) 64 final

The objective of this Directive proposal is to ensure a more uniform application of the margin taxation scheme by extending the scope of the special scheme to cover the supplies of travel packages to all clients and to abolish the various existing derogations. The proposal also aims at eliminating the distortions of competition from non-EU established tour operators, who currently do not have to comply with the VAT obligations.

[ View ECTAA position paper ]

 
 Rules determining the place of taxation
 

Council Directive 2008/8/EC of 12th February 2008 as regards the place of supply of services 
 
From 1st January 2010, the new place of supply of services will mean that business-to-business supplies of services will be taxed where the customer is situated, rather than where the supplier is located. For business-to-consumer supplies of services, the place of taxation will continue to be where the supplier is established. However, there will be a number of exceptions to reflect the principle of taxation at the place of consumption. This includes the majority of travel services.

[ View current / new place of supply rules for travel services]

 
 VAT rates
 

Directive 2010/88/EU amending Directive 2006/112/EC with regard to the duration of the obligation to respect a minimum standard rate
 
The Directive fixes the minimum standard rate of VAT applicable from 1 January 2011 to 31 December 2015 at 15%.
 
 [ View VAT rates in the EU Member States ]
 
Directive 2009/47/EC amending Directive 2006/112/EC as regards the reduced rates of value added tax
 
The Directive allows Member States - on a permanent basis - the optional use of reduced rates of value-added tax (VAT) for certain labour-intensive local services, including restaurant services, for which there is no risk of unfair competition between service providers in different Member States.

 
 Solidarity tax on airline tickets
 

Commission staff working paper ‘A possible contribution based on airline tickets as a new source of financing development’, SEC(2005) 1067

The European Commission staff working paper contains an analysis of how a solidarity contribution on airline tickets might be used by EU Member States as a source of development aid in order to help achieving the Millennium Development Goals.

 
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