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 |
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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 transactions | When carried out by |
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A: Hospital and medical care and closely related activities |
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B: Medical care |
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C: Supply of staff for the purposes of transactions under Point B with a view to spiritual welfare |
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C: Supply of human organs, blood and milk |
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Case 3: Dental services
Exempt transactions | When carried out by |
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A: Dental technicians’ services | Dental 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 transactions | When carried out by |
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A: Services and goods closely linked to welfare and social security work (including those supplied by old people’s homes) | Public bodies or
(Article 132(1)(g) VAT Directive)
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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 transactions | When carried out by |
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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
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Case 6: Education
Exempt transactions | When carried out by |
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A: Providing education to children or young people
D: Services and goods closely related to A, B or C | Public bodies having this as their aim or
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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 transactions | When carried out by |
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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 transactions | When carried out by |
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Cultural services and closely linked goods | Public bodies or
(Article 132(1)(n) VAT Directive)
|
Case 9: Ambulances and similar transport
Exempt transactions | When carried out by |
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Transport services for the sick or injured in specially adapted vehicles | Bodies authorised for the purpose
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Case 10: Public broadcasting
Exempt transactions | When carried out by |
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Non-commercial activities | Public radio and television broadcasting organisations (Article 132(1)(q) VAT Directive)
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Case 11: Member services of non-profit-making organisations
Exempt transactions | When carried out by |
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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 transactions | When carried out by |
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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 transactions | When carried out by |
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Services rendered to their members and directly necessary for carrying out the activity concerned | Independent groups of persons carrying on:
(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 transactions | Includes |
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Insurance and reinsurance transactions (Article 135(1)(a) VAT Directive) | Includes: related services carried out by insurance brokers and insurance agents |
Case 2: Granting and negotiation of credit
Exempt transactions | Includes |
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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 transactions | Includes |
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The negotiation of or any dealings in:
(Article 135(1)(c) VAT Directive) | Includes: the management of credit guarantees by the person granting the credit |
Case 4: Cashless transactions
Exempt transactions | Includes | Excludes |
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Cashless transactions concerning:
((Article 135(1)(d) VAT Directive) | Negotiation of all of these
| Debt collection |
Case 5: Cash transactions
Exempt transactions | Includes | Ecludes |
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Cash transactions (including negotiation) concerning:
(Article 135(1)(e) VAT Directive) | Negotiation of all of these
|
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Case 6: Transactions in shares, etc.
Exempt transactions | Includes | Excludes |
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Transactions in:
(Article 135(1)(f) VAT Directive) | Negotiation of all of these
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(Articles 135(1)(f), 15(2) VAT Directive) |
Case 7: Investment funds
Exempt transactions | Type of fund |
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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 |
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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 |
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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 |
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The leasing or letting of immovable property (Article 135(1)(l) VAT Directive) |
(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 |
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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 |
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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) |
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Case 13: Goods on which VAT is not deductible
Exempt transactions | Reason for non-deduction |
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The supply of goods on the acquisition or application of which VAT is not deductible (Article 136(b) VAT Directive) |
(Articles 176, 177 VAT Directive) |