ECJ Case C-185/18 (Oro Efectivo) – Questions – Other indirect tax instead of VAT

Questions asked to ECJ on 24 April 2018 in case C-185/18 – Oro Efectivo

Facts:

• Oro Efectivo buys objects with a high gold or precious metal content from private individuals, processes them and then sells them to other businesses
• As the objects were purchased from private individuals, no VAT was charged. However, the purchases were subject to another specific (indirect) tax in Spain
• Oro argued that this indirect tax should not be levied because the buyer is a taxable business, and because of fiscal neutrality

Questions asked to the ECJ:

Is a Member State allowed to levy an indirect tax other than VAT in respect of the purchase of movable property (specifically, gold, silver or jewellery) from a private individual?

Source: MinBuza (Dutch)

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