Title IX: Exemptions
Chapter 3: Exemptions for other activities
Article 135 [1]
1. Member States shall exempt the following transactions:
insurance and reinsurance transactions, including related services performed by insurance brokers and insurance agents;
the granting and the negotiation of credit and the management of credit by the person granting it;
the negotiation of or any dealings in credit guarantees or any other security for money and the management of credit guarantees by the person who is granting the credit;
transactions, including negotiation, concerning deposit and current accounts, payments, transfers, debts, cheques and other negotiable instruments, but excluding debt collection;
transactions, including negotiation, concerning currency, bank notes and coins used as legal tender, with the exception of collectors’ items, that is to say, gold, silver or other metal coins or bank notes which are not normally used as legal tender or coins of numismatic interest;
transactions, including negotiation but not management or safekeeping, in shares, interests in companies or associations, debentures and other securities, but excluding documents establishing title to goods, and the rights or securities referred to in Article 15(2);
the management of special investment funds as defined by Member States;
the supply at face value of postage stamps valid for use for postal services within their respective territory, fiscal stamps and other similar stamps;
betting, lotteries and other forms of gambling, subject to the conditions and limitations laid down by each Member State;
the supply of a building or parts thereof, and of the land on which it stands, other than the supply referred to in point (a) of Article 12(1);
the supply of land which has not been built on other than the supply of building land as referred to in point (b) of Article 12(1);
the leasing or letting of immovable property.
2. The following shall be excluded from the exemption provided for in point (l) of paragraph 1:
the provision of accommodation, as defined in the laws of the Member States, in the hotel sector or in sectors with a similar function, including the provision of accommodation in holiday camps or on sites developed for use as camping sites;
the letting of premises and sites for the parking of vehicles;
the letting of permanently installed equipment and machinery;
the hire of safes.
Member States may apply further exclusions to the scope of the exemption referred to in point (l) of paragraph 1.
Fundstelle(n):
zur Änderungsdokumentation
CAAAE-23889
1According
to Art. 3 No 3 Council Directive (EU) 2025/516 of 11 March 2025 (OJ L,
2025/516, 25.3.2025) Art. 135 will be amended with effect from 1.7.2028 as
follows:
a) in paragraph 2, the following
subparagraph is inserted after the first
subparagraph:
‚Notwithstanding the first subparagraph,
point (a), the uninterrupted rental of accommodation to the same person for a
maximum of 30 nights shall be regarded as having a similar function to the
hotel sector subject to criteria, conditions and limitations to be laid down by
Member States.‘
b) the following paragraph is
added:
‚3. Member States shall, before 1 July 2028,
communicate to the VAT Committee the text of the main provisions of national
law in which they set out the criteria, conditions and limitations referred to
in paragraph 2, second subparagraph.
By 31 December 2028, on the
basis of the information provided by Member States pursuant to the first
subparagraph of this paragraph, the Commission shall publish a comprehensive
list indicating the criteria, conditions and limitations that Member States set
out regarding paragraph 2, second subparagraph.‘