TITLE VPLACE OF TAXABLE TRANSACTIONS

F1CHAPTER 3Place of supply of services

Annotations:
Amendments (Textual)

Section 3Particular provisions

F1Subsection 8Supply of telecommunications, broadcasting and electronic services to non-taxable persons

F2Article 58

1

The place of supply of the following services to a non-taxable person shall be the place where that person is established, has his permanent address or usually resides:

a

telecommunications services;

b

radio and television broadcasting services;

c

electronically supplied services, in particular those referred to in Annex II.

Where the supplier of a service and the customer communicate via electronic mail, that shall not of itself mean that the service supplied is an electronically supplied service.

2

Paragraph 1 shall not apply where the following conditions are met:

a

the supplier is established or, in the absence of an establishment, has his permanent address or usually resides in only one Member State; and

b

services are supplied to non-taxable persons who are established, have their permanent address or usually reside in any Member State other than the Member State referred to in point (a); and

c

the total value, exclusive of VAT, of the supplies referred to in point (b) does not in the current calendar year exceed EUR 10 000, or the equivalent in national currency, and did not do so in the course of the preceding calendar year.

3

Where, during a calendar year, the threshold referred to in point (c) of paragraph 2 is exceeded, paragraph 1 shall apply as of that time.

4

The Member State within the territory of which the suppliers referred to in paragraph 2 are established or, in the absence of an establishment, have their permanent address or usually reside, shall grant those suppliers the right to opt for the place of supply to be determined in accordance with paragraph 1, which shall in any event cover two calendar years.

5

Member States shall take appropriate measures to monitor the fulfilment by the taxable person of the conditions referred to in paragraphs 2, 3 and 4.

6

The corresponding value in national currency of the amount referred to in point (c) of paragraph 2 shall be calculated by applying the exchange rate published by the European Central Bank on the date of adoption of Council Directive (EU) 2017/24555.