On 13 October 2020 the Supremo Tribunal Administrativo (Supreme Administrative Court, Portugal) raised questions about amounts charged for ‘thermal registration’.
Article in the EU VAT Directive
Article 132(1)(b) of Council Directive 2006/112/EC
1. Member States shall exempt the following transactions:
(b) hospital and medical care and closely related activities undertaken by bodies governed by public law or, under social conditions comparable with those
applicable to bodies governed by public law, by hospitals, centres for medical treatment or diagnosis and other duly recognised establishments of a similar
- Applicant charged users of the Alcafache thermal baths
- If the customer is looking for a ‘traditional thermal cure’ service, he must compulsorily undergo a prior medical consultation, conducted by one of the doctors specialising in hydrology within the thermal spa facilities, in order to receive a prescription for the treatments to be performed.
- At that point, the user pays for the consultation, plus an amount for ‘thermal registration’ (described on the company’s website as “thermal waters registration”), valid for the entire year, and for the treatments prescribed (which he may undergo at that time or later, given that the prescription is valid until 31 December of the year in which it is issued), to which the taxable person applies the VAT exemption by mentioning on the invoice Article 9(2) of the CIVA.
Does this qualify for the exemption from VAT since they are not ‘supplies closely related to supplies of medical and healthcare services’, in accordance with the provisions of Article 9(2) of the Portuguese VAT Code and of Article 132(1)(b) of Council Directive 2006/112/EC of 28 November 2006 (VAT Directive)?
May payments made in return for the service of opening, for each user, an individual file setting out the clinical history entitling the user to purchase ‘traditional thermal cure’ treatments be included within the concept of ‘closely related activities’, provided for in Article 132(1)(b) of the VAT Directive, and may they, as such, be regarded as being exempt from VAT?
Similar ECJ cases
- C-107/84 Commission v Germany
- C-349/96, CPP
- C-307/01 d’Ambrumenil and Dispute -Resolution Services
- C-445/05 (Haderer) – A freelancer providing assistance with schoolwork and running ceramics and pottery courses in adult education centres can be exempted from VAT
- C-473/08, Eulitz
- C-86/09, Future Health Technologies
- C-91/12, PFC Clinic AB
- C-366/12, Klinikum Dortmund
- C-334/14 (De Fruytier) – Hospitals and medical care – Self-employed activity
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