Comments on ECJ C-472/24: In-game gold: AG Kokott’s advice on VAT exemption, vouchers & margin scheme

VAT Exemption Denied: Advocate General J. Kokott concluded that in-game gold does not qualify for VAT exemption under Article 135(1)(e) of the VAT Directive, as it is not considered legal tender and is only used within the game, lacking the characteristics of a currency that serves as a means of payment in legal transactions.
In-Game Gold Not a Voucher: The AG determined that in-game gold does not meet the criteria for classification as a multi-purpose voucher under Articles 30a and 30b of the VAT Directive. Instead, it is regarded as a consumable benefit (an electronic service) rather than a means to obtain a service later, which a voucher would typically represent.
Margin Scheme Applicability: The AG suggested that, by analogy, the margin scheme under Article 311 et seq. of the VAT Directive could apply to in-game gold if certain conditions are met, proposing a broader interpretation to include intangible assets traded similarly to tangible goods. This approach aims to prevent double taxation and ensure fiscal neutrality, though it requires that in-game gold transactions typically involve VAT residue and are traded comparably to second-hand goods.