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Published byJoanna Potter Modified over 9 years ago
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NPOS (CHARITIES) AND VAT Ole Gjems-Onstad and Peter Melz
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No consensus No clear frame of reference
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Income tax v VAT Income Tax: Tax on profits NPOs No profits – no income tax VAT Tax on consumption (Tax on transactions) NPOs?
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Principle of neutrality Same transactions – different treatment NPOs v FPO In breach of the principle of neutrality? C-498/03 Kingscrest Associates Ltd. The present situation? The historical situation?
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Two dimensional problem Output VAT EU VAT Dir art 132 and 133 Charge to clients/customers Incidence The Real Problem – Input VAT Denied deduction: NPO – just another consumer
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Two questions regarding input VAT Would most feasible reimbursement arrangements for input VAT for NPOs be in breach of the EU VAT Dir? From a theoretical point of view, is there any reason that the input VAT tax burden for NPOs may be regarded as unsound, unjustified or illogical?
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Reduced Rates To what extent should reduced rates be used to reduce the input VAT of NPOs, Examples of countries where such a solution has been found satisfactory.
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Art 132 and 133 – Art 371 Wide variation in national legislations Need for more detailed overview Possible infringements Better to forget about it?
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Harmonization with income tax provisions Taxable person Commission: Sweden’s provisions not compatible with the EU VAT Dir Too wide exemption from income tax and VAT for fund raising activities
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Free supplies to NPOs Pro Bono Services Exemptions from output VAT on deemed supplies - Allowed under current EU VAT Dir? Should it be allowed?
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Cross border acquisitions and supplies of goods and services Exemptions under EU VAT Dir? Should exemptions be allowed?
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