Affordable Access

When do dealings in shares fall within the scope of VAT?

Authors
Source
legacy-msw
Disciplines
  • Law

Abstract

Transactions in shares are exempt under Article 135(1)(f) of the Common VAT System Directive. However, in practice, the legal regime applicable to shares is based not on the interpretation of one single provision of the Directive, but rather on the joint interpretation of various inter-connected provisions. Within the last 15 years, the Court has been called to interpret these provisions, within the context of the VAT treatment of dealings in shares, on several occasions. However, far from having resolved all inherent conceptual and practical pitfalls of applying the EU VAT provisions to the sui generis nature of dealings in shares, it is clear that the case-law itself gives rise to various difficulties, thereby heightening the sense of legal uncertainty. This paper provides an analysis of the case-law of the Court in relation to transactions in shares, highlighting its evolution, as well as its consequences, from both a practical, and a conceptual, perspectives.

There are no comments yet on this publication. Be the first to share your thoughts.

Statistics

Seen <100 times
0 Comments

More articles like this

When do we laugh?

Sep 13, 2016

What to do when the axe falls.

on Food management June 1994

When doctors fall ill.

on British journal of hospital me... December 2012
More articles like this..