- The Italian Supreme Court ruled that the VAT margin scheme does not apply to used mobile phones refurbished in China and imported into the EU under customs regime 42.
- Regime 42 allows immediate release for free circulation of goods imported from non-EU countries, deferring VAT payment until consumption in Italy.
- This regime simplifies customs procedures and provides liquidity savings but does not change the purchase conditions or transform the transaction into an intra-EU operation.
- The VAT margin scheme requires the used goods to be purchased from a private individual within the EU, which is not the case here as the goods come from a non-EU country.
- The margin scheme is an exception to the normal VAT regime and must be interpreted and applied strictly.
Source: eutekne.info
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.
