There are two categories under ‘Other exemptions’:
- Exemptions relating to importation
- Exemptions for intra-EU acquisitions
Exemptions relating to importation
It is a fundamental rule of EU VAT that VAT is payable on the release into free circulation of goods imported into the EU from a third territory or from outside the EU altogether.
However, in order to maintain parity and not to penalise the importation of goods where the domestic supply of those goods would be exempt in the same circumstances, the corresponding importation is also exempt without the right to deduct.
Case 1 The final importation of goods into EU country 1 | Matching supply |
---|---|
(Article 143(1)(a) VAT Directive) | Where the supply of those goods by a business would be exempt in all circumstances in EU country 1 |
Example The supply of human organs is exempt under Article 132 of the VAT Directive as an activity in the public interest. Accordingly, the final importation of human organs is also exempt. |
Case 2 Personal and small imports | Conditions | |
---|---|---|
The final importation of goods (Article 143(1)(b) VAT Directive) | A: free of excise duty and VAT in travellers’ personal luggage B: free of VAT as personal property C: free of VAT as small consignments |
Case 3 The final importation of goods in free circulation | Conditions | |
---|---|---|
The final importation of goods in free circulation from a third territory forming part of the customs territory of the EU.(Article 143(1)(c) VAT Directive) | Where the goods would be exempt if they had entered the EU as goods not in free circulation |
Case 4 Importation of goods en route to another EU country | Conditions | |
---|---|---|
The importation of goods dispatched or transported from a third territory or from outside the EU
(Article 143(1)(d) VAT Directive) | Where the subsequent supply of the goods by the importer is exempt as an intra-EU supply or intra-EU transfer and The importer can, when importing the goods, provide:
|
Case 5 Reimportation after temporary export | Conditions | |
---|---|---|
The reimportation of goods by the person who exported them (Article 143(1)(e) VAT Directive) |
|
Case 6 Diplomatic imports | Conditions | |
---|---|---|
The importation of goods (Article 143(1)(f) VAT Directive) | Under diplomatic and consular arrangements and free of customs duties |
Case 7 International bodies | Carried out by | Conditions |
---|---|---|
The importation of goods into EU country 1 (Article 143(1)(fa)-(g) VAT Directive) | A:
|
|
B:
| As provided under the conventions establishing those bodies |
Case 8 NATO forces | Carried out by | Conditions |
---|---|---|
The importation of goods into EU countries that are also NATO members (Article 143(1)(h)VAT Directive) | C: The armed forces of other NATO member countries | The goods must be for:
|
Case 9 UK forces in Cyprus | Conditions | |
---|---|---|
The importation of goods into Cyprus by the armed forces of the United Kingdom established there by Treaty of Establishment of the Republic of Cyprus of 16 August 1960 (Article 143(1)(i) VAT Directive) | The goods must be for:
|
Case 10 Fishing catches | Conditions | |
---|---|---|
The importation by sea-fishing undertakings of their catches (Article 143(1)(j) VAT Directive) |
|
Case 11 Central bank gold | Carried out by | |
---|---|---|
The importation of gold (Article 143(1)(k) VAT Directive) | Central banks |
Case 12 Natural gas etc | Through |
---|---|
(Article 143(1)(l) VAT Directive) A Gas |
or fed in from a vessel transporting gas into:
|
(Article 143(1)(l) VAT Directive) B Electricity | / |
(Article 143(1)(l) VAT Directive) C Heat or cooling energy | Through heating or cooling networks |
Case 13 Avoidance of double taxation | Conditions | |
---|---|---|
Supply of services related to the importation of goods includes transport services connected with the importation of movable property (e.g. furniture) carried out as part of a change of residence (Article 46 of the Implementing Regulation (EU) 282/2011). | If the value of those services is included in the customs value of the goods (and hence in the amount subject to import VAT) Unlike Cases 1 to 12, the exemption in Case 13 is an exemption with the right to deduct. |
Exemptions for intra-EU acquisitions
It is a fundamental rule of EU VAT that VAT is payable on most intra-EU acquisitions of goods (and deductible as input VAT to the extent the goods are used for the purpose of making taxed transactions).
However, in order to maintain parity and not to penalise intra-EU supplies of goods where the domestic supply or importation of those goods would be exempt in the same circumstances, the corresponding acquisitions are also exempt without the right to deduct.
Case 1 The intra-EU acquisition of goods in EU country | Matching supply | |
---|---|---|
The intra-EU acquisition of goods in EU country 1 Article 140(a) VAT Directive) | Where the supply of those goods by a business would be exempt in all circumstances in EU country 1 |
Case 2 The intra-EU acquisition of goods in EU country | Matching import | |
---|---|---|
The intra-EU acquisition of goods in EU country 1 Article 140(b) VAT Directive) | Where the importation of those goods into EU country 1 would be exempt as:
|
Case 3 The intra-EU acquisition of goods in EU country | By | Circumstances |
---|---|---|
The intra-EU acquisition of goods in EU country 1 (Article 140(c) VAT Directive) | A business not established in EU country 1 | Who is in all circumstances entitled to full reimbursement of the VAT due because: The transactions relate to certain activities causing it to be regarded as a business [taxable person] and carried out outside EU country 1 (see Deductions: Certain transactions carried out abroad ) or the transactions are exempt with the right to deduct (see Deductions: transactions exempt with the right to deduct ) or VAT on the transactions is due by the customer alone or The business is established in EU country 2 and entitled to a refund under the scheme for Cross-border refunds to EU businesses |
Legal texts
Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax