Title XII: Special schemes
Chapter 4: Special arrangements for second-hand goods, works of art, collectors’ items and antiques
Section 3: Special arrangements for sales by public auction
Article 334 [1]
These special arrangements shall apply to supplies carried out by an organiser of a sale by public auction, acting in his own name, on behalf of one of the following persons:
a non-taxable person;
another taxable person, in so far as the supply of goods, carried out by that taxable person in accordance with a contract under which commission is payable on a sale, is exempt pursuant to Article 136;
another taxable person, in so far as the supply of goods, carried out by that taxable person in accordance with a contract under which commission is payable on a sale, is covered by the exemption for small enterprises provided for in Articles 282 to 292 and involves capital goods;
a taxable dealer, in so far as the supply of goods, carried out by that taxable dealer in accordance with a contract under which commission is payable on a sale, is subject to VAT in accordance with the margin scheme.
Fundstelle(n):
zur Änderungsdokumentation
CAAAE-23889
1According
to Art. 1 No 22 Council Directive (EU) 2020/285 of 18 February 2020 (OJ L 62,
2. 3. 2020, p. 13) in Art. 334, point c will be replaced with effect from 1. 1.
2025 by the following:
‚c)
another taxable person, in so far as the supply of
goods, carried out by that taxable person in accordance with a contract under
which commission is payable on a sale, is covered by the exemption for small
enterprises provided for in Article 284 and involves capital
goods;‘.