Keywords
Summary

Keywords

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Tax provisions - Harmonization of laws - Turnover tax - Common system of value-added tax - Exemptions provided for by the Sixth Directive - Exemption for transactions consisting of the negotiation of credit - Possibility for individuals to rely upon the relevant provision in the absence of implementation of the directive - Conditions - Period concerned

( Council Directives 77/388/EEC, Art . 13 B ( d ) ( 1 ), and 78/583/EEC, Art . 1 )

Summary

In the absence of implementation of the Sixth Council Directive ( 77/388/EEC ) on the harmonization of the laws of the Member States relating to turnover taxes, a credit negotiator may rely on the tax exemption provision contained in Article 13 B ( d ) ( 1 ) of the directive in respect of transactions carried out between 1 January 1978 and 30 June 1978 and as from 1 January 1979 if he did not pass that tax on to the person receiving his services so as to entitle that person to deduct the input tax . Such a right to deduct could arise only if the tax was passed on in accordance with the formalities prescribed by the directive in that regard and if the recipient of the services is himself subject to VAT .