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Comments on ECJ C-505/22: EU Court rules welcome gift with subscription not subject to separate VAT charge

  • The European Court of Justice ruled that a welcome gift given when subscribing to a magazine does not constitute a separate taxable delivery of goods.
  • The gift is considered incidental to the main service, which is the subscription, and therefore only the subscription is subject to VAT at a reduced rate.
  • This ruling may have positive implications for businesses in the Netherlands, where promotional gifts are often treated as separate taxable supplies.
  • The Court’s recent rulings suggest a new, more favorable approach to the taxation of sales-promoting gifts.
  • Businesses are advised to review their gift-giving practices and seek guidance from tax authorities to avoid adverse VAT consequences.

Source: meijburg.nl



 

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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