10.4 In conclusion

In this research I have tested positive law with regard to the VAT treatment of vouchers in the context of promotional activities, as well as promotional activities as such, to norms that are derived from and based on the purpose of the EU VAT system and on economic and commercial reality. I have used theoretical sources to substantiate my findings and views.

I have determined that the existing methods of determining the VAT treatment of promotional activities in general, and transactions involving vouchers in particular, whether based on the current VAT Directives or existing case law, are mostly in line with the relevant principles underlying the EU VAT system. Where they are not, I have suggested alternative VAT treatments, which are more in line with the purpose of EU VAT as well as the economic and commercial reality of these transactions.

Given the (proposed as well as adopted) changes to the EU VAT Directive with regard to the VAT treatment of transactions involving vouchers as well as the ever-increasing amount of cases referred to and ruled by the CJEU on topics related to or relevant to promotional activities and to transactions involving vouchers, it can be said that the rules relating to these types of transactions are still developing. I hope that with this research, and more specifically where I addressed situations where existing rules are not in line with positive law and where I have made suggestions, I have made a positive contribution to these developments.