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Taxation and Customs Union

Exemptions without the right to deduct

VAT exemptions without the right to deduct input VAT

Some supplies of goods and services are exempt from VAT, and most of these are examples of ‘exemptions without the right to deduct’. 

The right to deduct refers to a taxable person’s right to claim the input VAT they paid on goods and services from tax authorities. VAT is deducted by subtracting the deductible amount from the VAT payable in the regular VAT return submitted to the tax authorities. 

There are two categories of exemptions without the right to deduct: 

  • Exemptions for activities carried out in the public interest 
  • Exemptions for other activities 

Exemptions for activities carried out in the public interest 

EU countries must exempt certain transactions considered to be in the interest of the public. These transactions are mostly carried out by public bodies but may also be carried out by the private or charitable sector if done in the public interest. 

EU countries may also choose to impose further conditions in certain cases.

Case 1 Postal services

Exempt transactions

A: Supply of services and incidental goods by the public postal services 

 

B: Supply at face value of postage stamps, fiscal stamps and other similar stamps 

 

Except passenger transport, telecommunications services (Article 132(1)(a) VAT Directive) and postage stamps not valid for postal services within the territory of the EU country concerned (Article 135(1)(h) VAT Directive)

Case 2 Medical services

Exempt transactionsWhen carried out by
A: Hospital and medical care and closely related activities
  • Public bodies or, where carried out under comparable social conditions, also by 
  • Hospitals 
  • Centres for medical treatment or diagnosis 
  • Other similar duly recognised establishments
    (Article 132(1)(b) VAT Directive)
B: Medical care
  • The medical and paramedical professions (Article 132(1)(c) VAT Directive)
C: Supply of staff for the purposes of transactions under Point B with a view to spiritual welfare
  • A religious or philosophical institution (Article 132(1)(k) VAT Directive)
C: Supply of human organs, blood and milk

Case 3: Dental services

Exempt transactionsWhen carried out by
A: Dental technicians’ servicesDental technicians in their professional capacity
B: Supply of dental prostheses Dentists or dental technicians (Article 132(1)(e) VAT Directive)

Case 4: Welfare and social services 

Exempt transactionsWhen carried out by

A: Services and goods closely linked to welfare and social security work 

(including those supplied by old people’s homes) 

Public bodies or 

  • Other bodies recognised as being devoted to social wellbeing 

(Article 132(1)(g) VAT Directive)

 

B: Supply of staff for the purposes of transactions under Point A with a view to spiritual welfare 

A religious or philosophical institution 

(Article 132(1)(k) VAT Directive)

Case 5: Children's and young people’s services 

Exempt transactionsWhen carried out by

A: Services and goods closely linked to the protection of children and young people 

 

B: Supply of staff for the purposes of transactions under Point A with a view to spiritual welfare 

Public bodies or 

  • Other bodies recognised as being devoted to social wellbeing 
    (Article 132(1)(h) VAT Directive)
  • A religious or philosophical institution 
    (Article 132(1)(k) VAT Directive)

Case 6: Education 

Exempt transactionsWhen carried out by

A: Providing education to children or young people 

 
B: Providing school or university education 

 
C: Providing vocational training or retraining 

 

D: Services and goods closely related to A, B or C 

Public bodies having this as their aim or 

  • Other organisations recognised as having similar objects 
    (Article 132(1)(i) VAT Directive )
E: Supply of staff for the purposes of transactions under Points A, B, C or D with a view to spiritual welfare A religious or philosophical institution 
(Article 132(1)(k) VAT Directive)
F: Private tuition covering school or university education Teachers 
(Article 132(1)(j) VAT Directive)

Case 7: Sport and physical education 

Exempt transactionsWhen carried out by
Services closely linked to sport or physical education supplied to persons taking part in those activities 

Non-profit-making organisations 

(Article 132(1)(m) VAT Directive )

Case 8: Cultural activities 

Exempt transactionsWhen carried out by
Cultural services and closely linked goods 

Public bodies or 

  • Other recognised cultural bodies 

(Article 132(1)(n) VAT Directive)

 

Case 9: Ambulances and similar transport 

Exempt transactionsWhen carried out by
Transport services for the sick or injured in specially adapted vehicles 

Bodies authorised for the purpose 
(Article 132(1)(p) VAT Directive )

 

Case 10: Public broadcasting 

Exempt transactionsWhen carried out by
Non-commercial activities 

Public radio and television broadcasting organisations 

(Article 132(1)(q) VAT Directive)

 

Case 11: Member services of non-profit-making organisations 

Exempt transactionsWhen carried out by
Supply of services and closely related goods to their members in their common interest in return for a fixed subscription 

Non-profit-making organisations of a political, trade union, religious, philosophical, philanthropic or civic nature, provided that this is not likely to distort competition. 

(Article 132(1)(l) VAT Directive)

Case 12: Fund-raising events 

Exempt transactionsWhen carried out by
Supply of services and goods in connection with fund-raising events exclusively for their own benefit 

Organisations whose activities are exempt by reason of Cases 2, 4, 5, 6, 7, 8 or 11, provided that this is not likely to distort competition. 

(Article 132(1)(o) VAT Directive )

Case 13: Cost-sharing 

Exempt transactionsWhen carried out by
Services rendered to their members and directly necessary for carrying out the activity concerned 

Independent groups of persons carrying on: 

  • an exempt activity or 
  • one in relation to which they are not taxable persons 
  • Provided that the group claims from the members only their exact share of the joint expenses and 
  • Provided that this is not likely to distort competition 

(Article 132(1)(f) VAT Directive)

Exemptions for other activities

EU countries must exempt transactions listed in Article 135 of the VAT Directive. These consist of a diverse range of transactions, many of which are associated with money and finance. 

EU countries may also choose to allow businesses to opt to tax the transactions mentioned in Cases 2 to 7 (financial and insurance services) and Cases 8 to 10 (immovable property). This option is provided because businesses carrying out these transactions cannot recover the VAT they incur and may thus lead to increased costs for their customers. 

EU countries choosing to allow the option are responsible for setting detailed rules for its application and restrictions relating to it.

Financial and insurance services

Case 1: Insurance and reinsurance 

Exempt transactionsIncludes
Insurance and reinsurance transactions (Article 135(1)(a) VAT DirectiveIncludes: related services carried out by insurance brokers and insurance agents 

Case 2: Granting and negotiation of credit 

Exempt transactionsIncludes
Granting and negotiation of credit (Article 135(1)(b) VAT Directive)Includes: the management of credit by the person granting it 

Case 3: Guarantees and security 

Exempt transactionsIncludes

The negotiation of or any dealings in: 

  • Credit guarantees 
  • Any other security for money 

(Article 135(1)(c) VAT Directive)

Includes: the management of credit guarantees by the person granting the credit 

 Case 4: Cashless transactions 

Exempt transactions  IncludesExcludes

Cashless transactions concerning: 

  • Deposit and current accounts 
  • Payments and transfers 
  • Debts 
  • Cheques and other negotiable instruments 

((Article 135(1)(d) VAT Directive)

Negotiation of all of these 

 

 

Debt collection 

Case 5: Cash transactions 

Exempt transactions IncludesEcludes

Cash transactions (including negotiation) concerning: 

  • Currency 
  • Bank notes used as legal tender 
  • Coins used as legal tender 

(Article 135(1)(e) VAT Directive)

Negotiation of all of these 

 

  • Collectors’ items (i.e. gold, silver or other metal coins, or bank notes not normally used as legal tender) 
  • Coins of interest to numismatists (coin collectors) 

Case 6: Transactions in shares, etc. 

Exempt transactions  IncludesExcludes

Transactions in: 

  • Shares 
  • Other interests in companies or associations 
  • Debentures and other securities 

(Article 135(1)(f) VAT Directive)

Negotiation of all of these 

 

  • management of all of these and safekeeping 
  • transactions in: 
  • Documents establishing title to goods 
  • Rights in rem giving the holder a right of use over immovable property 
  • Securities giving the holder legal or factual rights of ownership or possession over immovable property or a part of such property 

(Articles 135(1)(f), 15(2) VAT Directive)

Case 7: Investment funds 

Exempt transactions  Type of fund

The management of special investment funds 

(Article 135(1)(g) VAT Directive)

As defined by each EU country 

 

Proposals for taxation of the financial sector 

In 2007, the European Commission proposed a Directive amending the VAT Directive to modernise and simplify the rules for financial and insurance services, and ensure they are consistently applied across the EU. The Commission withdrew this proposal in 2016. 

In 2011, the Commission made a proposal for a Council Directive on a common system of financial transaction tax. In 2013, the Commission made a proposal for a Council Directive implementing enhanced cooperation in the area of financial transaction tax. Once agreed upon at European level, the participating Member States will have to transpose the Directive into their national legislation. 

The Commission, following the 2020 Tax Action Plan, launched preparatory work to assess different options for a possible review of the VAT rules for the financial sector. 

In January 2021, an evaluation study on the “Review of the VAT rules for financial and insurance services, in light of the existing regulatory and other indirect taxation rules” was submitted to DG TAXUD. An open public consultation followed in February 2021 to gather the views from relevant stakeholders and public authorities of the Member States on the current VAT rules on financial and insurance services and their functioning as well as on possible changes to these rules. A factual summary report on the consultation was published in September 2021. The timing of this initiative has been delayed for political and technical reasons as the current technological and economic context has changed.    

In June 2024, considering the evolving technological and economic factors, DG TAXUD launched a study to evaluate the current economic situation and its impact on the financial sector, consumers and Member States. 

The main purpose of this study is to provide an informed analysis of the problems arising from the current tax framework applicable to the financial sector in the EU. These include, for example, various sector-specific taxes and the VAT exemption. 

This analysis is based on existing information, supplemented by the collection of more up-to-date evidence. It takes into account the current economic context (notably structural changes likely to persist over time) and specific features of the financial sector (notably its regulatory and supervisory framework). 

Immovable property

Case 8: Buildings and the land on which they stand 

Exempt transactions Excludes 

The supply of a building (or parts of a building) and the land on which it stands 

(Article 135(1)(j) VAT Directive)

Such supplies taking place before the building is first occupied 

(135(1)(j), 12(1)(a) VAT Directive) 

Case 9: Land that has not been built on 

Exempt transactions Excludes 

The supply of land that has not been built on 

(Article 135(1)(k) VAT Directive)

The supply of building land 

(Articles 135(1)(k), 12(1)(b) VAT Directive) 

Example: A developer sells vacant land with planning permission (the permission to construct e.g. an office building) to a builder. This is a supply of building land and is not exempt. The developer must charge VAT on the sale. 

Case 10: Leasing or letting 

Exempt transactions Excludes 

The leasing or letting of immovable property 

(Article 135(1)(l) VAT Directive) 

  • Hotels or similar accommodation 
  • Accommodation in holiday camps 
  • Accommodation on specially developed camping sites 
  • Parking spaces (e.g. in a specially built car park or on open ground) 
  • Letting permanently installed equipment and machinery 
  • Safe hire 
  • Other exclusions that EU countries may choose to add 

(Article 135(2) VAT Directive) 

Example: A farmer allows holidaymakers to camp on an open field with no facilities in return for a charge of EUR 10 per night. The field has not been developed for use as a camping site, so it is not excluded from the exemption. This is therefore an exempt supply and no VAT must be charged. 
Example: A carpark operator charges EUR 25 per hour for parking in a car park with 24-hour security patrols. This is the letting of a site for the parking of vehicles, which is excluded from the exemption by Article 135(2)(b) VAT Directive. The charge includes VAT at the appropriate rate and the operator must include that VAT as part of his output tax. 
Example: A property-management company leases an office suite in an office building on a 21-year lease to a firm of architects. This is an exempt transaction and no VAT must be charged on the rent or any premium for granting the lease. The identity of the lessee (tenant) is irrelevant. A lease of a flat in an apartment block to a private individual will also be exempt. 

Gambling 

Case 11: Gambling 

Exempt transactions Limitations

Provision of betting, lotteries and other forms of gambling 

Article 135(1)(i) VAT Directive

As defined by each EU country, but the principle of fiscal neutrality must be respected. 

Miscellaneous exemptions 

Case 12: Goods used exclusively for exempt supplies 

Exempt transactions Exempt activities 

The supply of goods used exclusively for the listed exempt activities provided that the goods have not given rise to deductibility 

(Article 136(a) VAT Directive)

  • Activities in the public interest (exempt under Article 132(1) VAT Directive
  • Insurance and reinsurance transactions Article 135(1)(a) VAT Directive
  • Financial transactions Article 135(1)(b)-(g) VAT Directive
  • The supply of postage stamps etc at face value valid for postal services within the EU country concerned (exempt under Article 135(1)(h) VAT Directive
  • Transactions in immovable property Article 135(1)(j)-(l) VAT Directive
  • Betting, lotteries and gambling Article 135(1)(i) VAT Directive
  • Transitional exemptions granted by derogations Articles 371, 375-377, 378(2), 379(2) and 380-390c VAT Directive

Case 13: Goods on which VAT is not deductible 

Exempt transactions Reason for non-deduction 

The supply of goods on the acquisition or application of which VAT is not deductible 

(Article 136(b) VAT Directive) 

  • Non-business expenditure, such as expenditure on luxuries, amusements or entertainments 
  • Other expenditure on which VAT is declared not to be deductible 

(Articles 176, 177 VAT Directive)