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NPOs ( Charities ) and VAT

NPOs ( Charities ) and VAT. Ole Gjems-Onstad and Peter Melz. No consensus. No clear frame of reference. Income tax v VAT. Income Tax: Tax on profits NPOs No profits – no income tax VAT Tax on consumption (Tax on transactions) NPOs?. Principle of neutrality.

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NPOs ( Charities ) and VAT

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  1. NPOs (Charities) and VAT Ole Gjems-Onstad and Peter Melz

  2. No consensus • No clear frame of reference

  3. Income tax v VAT • Income Tax: Tax on profits • NPOs • No profits – no income tax • VAT • Tax on consumption • (Tax on transactions) • NPOs?

  4. Principle of neutrality • Same transactions – different treatment • NPOs v FPO • In breach of the principle of neutrality? • C-498/03 Kingscrest Associates Ltd. • The present situation? • The historical situation?

  5. Two dimensional problem • Output VAT • EU VAT Dir art 132 and 133 • Charge to clients/customers • Incidence • The Real Problem – Input VAT • Denied deduction: NPO – just another consumer

  6. Two questions regarding input VAT • Would most feasible reimbursement arrangements for input VAT for NPOs be in breach of the EU VAT Dir? • From a theoretical point of view, is there any reason that the input VAT tax burden for NPOs may be regarded as unsound, unjustified or illogical?

  7. Reduced Rates • To what extent should reduced rates be used to reduce the input VAT of NPOs, • Examples of countries where such a solution has been found satisfactory.

  8. Art 132 and 133 – Art 371 • Wide variation in national legislations • Need for more detailed overview • Possible infringements • Better to forget about it?

  9. Harmonization with income tax provisions • Taxable person • Commission: Sweden’s provisions not compatible with the EU VAT Dir • Too wide exemption from income tax and VAT for fund raising activities

  10. Free supplies to NPOs • Pro Bono Services • Exemptions from output VAT on deemed supplies - Allowed under current EUVAT Dir? • Should it be allowed?

  11. Cross border acquisitions and supplies of goods and services • Exemptions under EU VAT Dir? • Should exemptions be allowed?

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