Considerations on COM(2024)278 - Amendment of Directive 2006/112/EC as regards the electronic VAT exemption certificate

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dossier COM(2024)278 - Amendment of Directive 2006/112/EC as regards the electronic VAT exemption certificate.
document COM(2024)278 EN
date February 18, 2025
 
table>(1)Article 51 of Council Implementing Regulation (EU) No 282/2011 (3) provides that the value added tax (VAT) and/or excise duty exemption certificate set out in Annex II to that Implementing Regulation serves to confirm that a supply of goods or services made in one Member State to a recipient established in another Member State (an ‘eligible body or individual’) qualifies for an exemption under Article 151 of Council Directive 2006/112/EC (4). Implementing Regulation (EU) No 282/2011 provides for an exemption certificate in paper form to be signed by hand. It is necessary to digitalise the process of creating and submitting that exemption certificate and to replace the paper document with an electronic document in order to minimise bureaucracy and the administrative burden and to reduce costs in the long term. The data content of the electronic certificate should be based on the paper form of the exemption certificate provided for in Implementing Regulation (EU) No 282/2011.
(2)In view of the large number of resource-intensive IT projects in which Members States are involved, in addition to those required to switch to an electronic exemption certificate, Member States should be given flexibility and sufficient time to complete the transition to the new electronic procedure. To that end, they should be allowed to continue to use the paper form set out in Annex II to Implementing Regulation (EU) No 282/2011 for transactions carried out during a transition period. In cross-border scenarios the use of the electronic certificate during the transition period would require both Member States involved in a transaction to be ready to process it.

(3)Member States may have made significant investments to put in place or develop electronic systems or separate paper-based certificates for the application of the exemption to eligible bodies or individuals for domestic transactions. In order to ensure the necessary adaptation of national solutions to the use of the common electronic certificate and the system developed for its processing, Member States should be allowed to continue to use their national solutions until the end of the transition period.

(4)The use of a common electronic certificate is essential in cases of transactions where the exemption is granted in advance. In some specific cases concerning transactions where VAT is to be charged in the Member State where the eligible individual or body is established, exemptions can also be granted by means of a refund. Such procedure may or may not involve the issuance of a certificate. In light of the specificities related to the use or non-use of certificates in the framework of refund procedures, the scope of the obligation to use the electronic certificate should not be automatically extended to refund procedures. Member States should nevertheless be allowed to use the common electronic certificate in refund procedures.

(5)It is possible that, after an exemption certificate has been issued, an eligible body or individual might become aware that the conditions for the exemption in question are not met or cease to be met. Such information is normally only known to that body or individual because the assessment of compliance with those conditions is to be carried out on the basis of the activities of the body to which or individual to whom supplies are made and by which or by whom those goods or services are to be used. In order to ensure legal certainty for taxable persons and to avoid undue burdens on taxable persons, it is necessary to clarify that in such cases the VAT due should be paid by the eligible body or individual which or who issued the exemption certificate. Member States should avoid unnecessary burdens in such exceptional cases by allowing the payment of VAT without the need for a full VAT registration.

(6)Without prejudice to the option currently available for Member States to waive the requirement for the paper version of the certificate to be signed by the host Member State, it should also be possible for Member States to waive such requirement for the electronic certificate subject to conditions which Member States may lay down and which they may withdraw in the event of abuse.

(7)In order to ensure uniform conditions for the implementation of Article 151(1) of Directive 2006/112/EC, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (5). Those implementing powers should allow the Commission to establish an IT system which will keep track of the certificates issued, including certificates issued by eligible bodies or individuals and obtained by the suppliers for whom they are intended. Persons duly accredited by the Commission should be able to access the information that is exchanged and stored in the IT system only for the purpose of developing and maintaining that system. Member States should be responsible for the communication with that system regarding the fulfilment of the conditions for issuing a certificate. In order to meet their responsibilities, Member States should be provided with the means to interact with the Commission so as to minimise the effort required of them in respect of the development and maintenance of the IT system.

(8)Directive 2006/112/EC should therefore be amended accordingly,