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The EU VAT Treatment of Vouchers (FM nr. 157) 2019/9.5.3
9.5.3 Is a definition of voucher in the EU VAT Directive necessary under appropriate law?
Dr. J.B.O. Bijl, datum 01-05-2019
- Datum
01-05-2019
- Auteur
Dr. J.B.O. Bijl
- JCDI
JCDI:ADS595947:1
- Vakgebied(en)
Omzetbelasting / Levering van goederen en diensten
Omzetbelasting / Bijzondere OB-regelingen
Omzetbelasting / Vergoeding
Voetnoten
Voetnoten
It is, of course, possible to have a definition of a voucher, but this definition is bound not to include many of the types of vouchers that exist, as I will demonstrate below.
As well as the intra-Community acquisition and the importation of goods.
The fact that taxing transactions involving vouchers is not simple, is supported by the large amount of literature on this topic. Examples are: Millar, Rebecca M., The Vouchers Problem: An Insoluble Conflict or an Illustration of the Nature of Consideration in the 'Complex Parallel Universe' of Gst?. Australian Tax Forum, Vol. 18, No. 107, 2003, Melanie Hall QC and Ian Hutton, Avoiding VAT Liability On Face Value Vouchers, The Tax Journal, 2002, 22 July 2002, p. 11-14, W. van der Corput, Astra Zeneca - The VAT Treatment of Vouchers, 21 Int. VAT Monitor 5, p. 365-369 (2011), Journals IBFD, Jeroen Bijl, 'VAT: ‘Money Off Vouchers’ and ‘Cash Back Schemes’ – What Are the Problems and How Can They Be Solved?' (2012) 21 EC Tax Review, Issue 5, pp. 262–276, Jeroen Bijl, 'VAT, Vouchers, Rights and Payments: The VAT Treatment of Vouchers' (2013) 22 EC Tax Review, Issue 3, pp. 115–130, J. Bijl, The European Union’s New VAT Rules for Vouchers: The Emperor’s New Clothes?, 27 Intl. VAT Monitor 2, p. 95-97 (2016), Journals IBFD and G. Echevarría Zubeldia, VAT Recoverability of Unredeemed Single purpose vouchers, Int'l VAT monitor 5, p. 359-361 (2017).
From the European Commission’s Press Release of 10 May 2012 about the proposal, with reference number IP/12/464. The full press release can be found on line: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/12/464&format=PDF&aged=1&language=EN&guiLanguage=en (last visited on 14 March 2019).
The appropriate VAT treatment of voucher transactions from Section 9.5.2 strengthens me in my view that a definition of ‘voucher’ is not necessary, and may even be confusing and therefore not desirable, from an EU VAT perspective. In my view, a definition of ‘voucher’ is not required for determining the VAT treatment of transactions involving vouchers. From the above, it is clear that the term ‘voucher’ has many different meanings, which would make it hard to give a good definition of ‘voucher’ (or to define which ‘vouchers’ are not covered by the definition provided).1 Also, VAT is due on transactions (supplies),2 irrespective of whether vouchers are used as part of these transactions. The fact that vouchers are involved may have VAT consequences, but these can be solved without a definition of ‘voucher’, as I will demonstrate below.3
Also, there are transactions that do not involve vouchers but that should be treated the same as transactions involving vouchers anyway, which is also an indication that a ‘voucher’ as such should not have a VAT treatment, but rather that only the underlying transaction itself is relevant for VAT purposes.
It is also impossible to exclude that in the future, even more types of transactions involving vouchers will be conceived that may not be covered by any definition that would cover the current voucher transactions. In my view, therefore, there is no need for a definition of a ‘voucher’. This can only complicate matters.
However, because of the (perceived) absence of common rules regarding the VAT treatment of voucher transactions, which has led to Member States developing their own practices,4 some rules and official guidance may be needed in order to ensure that all transactions involving vouchers have the same VAT treatment throughout the EU. This guidance should focus on the VAT treatment of the underlying transactions and the consideration paid for these transactions rather than the fact that vouchers are involved.