Title XII: Special schemes
Chapter 6: Special schemes for taxable persons supplying services to non-taxable persons or making distance sales of goods or certain domestic supplies of goods [1] [2]
Section 5: Special scheme for transfers of own goods [with effect from 1.7.2028] [3]
Article 369xj [with effect from 1.7.2028] [4]
The taxable person making use of this special scheme may not, in respect of their taxable activities covered by this special scheme, declare in the VAT return of this special scheme the VAT deductible pursuant to Article 168 in the Member States to or from which the goods are dispatched or transported.
Notwithstanding Article 1, point (1), of Directive 86/560/EEC, and Article 2, point (1), Article 3 and Article 8(1), point (e), of Directive 2008/9/EC, the taxable person in question shall be refunded in accordance with those Directives. Article 2(2) and Article 4(2) of Directive 86/560/EEC shall not apply to refunds relating to goods or services used for the purposes of the transfers of own goods covered by this special scheme.
If the taxable person making use of this special scheme is required to be registered in a Member State for activities not covered by this special scheme, they shall deduct VAT incurred in that Member State in respect of goods or services supplied to them in that Member State in the VAT return to be submitted in accordance with Article 250.
Fundstelle(n):
zur Änderungsdokumentation
CAAAE-23889
1↓M23, A2
2According to
Art. 3 No 15 Council Directive (EU) 2025/516 of 11 March 2025 (OJ L, 2025/516,
) the heading of Chapter 6 in Title XII will be
replaced with effect from
by the following:
‚Chapter 6: Special schemes for taxable persons
supplying services to non-taxable persons or making distance sales of goods,
certain domestic supplies of goods or transfers of own
goods‘.
3According to Art. 3 No 23 Council Directive (EU) 2025/516 of 11 March 2025 (OJ L, 2025/516, ) in Title XII, Chapter 6, the following Section 5 (Art. 369xa to 369xk) – italic – will be added with effect from .
4According to Art. 3 No 23 Council Directive (EU) 2025/516 of 11 March 2025 (OJ L, 2025/516, ) Art. 369 xj – italic – will be inserted with effect from .