- The ECJ Advocate General opined that the VAT margin scheme should apply to artwork sales by legal entities in France.
- EU member states must allow taxable dealers to use the VAT margin scheme for artwork sold through a legal entity if the creator has decisive voting power and benefits from the sale.
- Denying the VAT scheme based solely on legal form contradicts the scheme’s purpose and the principle of tax neutrality.
- The opinion emphasizes that artwork sales can be made by both natural and legal persons.
Source: kpmg.com
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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