3 ms·
The argument is: > The Court points out, first of all, that a reduced rate of VAT can apply only to supplies of goods and services covered by Annex III to the
by Oletros 12y ago
The argument is:
> The Court points out, first of all, that a reduced rate of VAT can apply only to supplies of goods and services covered by Annex III to the VAT Directive. That annex refers in particular to the ‘supply of books ... on all physical means of support’. The Court concludes that the reduced rate of VAT is applicable to a transaction consisting of the supply of a book found on a physical medium. While admittedly, in order to be able to read an electronic book, physical support (such as a computer) is
required, such support is not included in the supply of electronic books, meaning that Annex III does not include the supply of such books within its scope.
Moreover, the Court finds that the VAT Directive excludes any possibility of a reduced VAT rate being applied to ‘electronically supplied services’. The Court holds that the supply of electronic books is such a service. The Court rejects the argument that the supply of electronic books constitutes a supply of goods (and not a supply of services). Only the physical support enabling an
electronic book to be read could qualify as ‘tangible property’ but such support is not part of the supply of electronic books.
- walterbell 12y agoWhat does this imply for downloadable music files, DRM and non-DRM? Neither is bundled with a computer or speakers for listening. For that matter, CDs are not bundled with CD players.
- detaro 12y agoAre there any exemptions/lower rates for recorded music? From a quick google search I only found campaigns for it. If they exist(ed), downloaded music probably would fall under an analogous ruling. CDs are already physical mediums, so the "they are not bundled with players" is not important. eBooks on CDs should count as books if I understand it correctly.