Legal provisions of COM(2008)376 - Tax exemptions applicable to the permanent introduction from a Member State of the personal property of individuals (Codified version) - Main contents
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dossier | COM(2008)376 - Tax exemptions applicable to the permanent introduction from a Member State of the personal property of individuals ... |
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document | COM(2008)376 |
date | May 25, 2009 |
Contents
- CHAPTER I - GENERAL PROVISIONS
- Article 1 - Scope
- Article 2 - Conditions relating to property
- Article 3 - Introduction conditions
- Article 4 - Obligations subsequent to introduction
- Article 5 - Specific conditions for certain types of property
- Article 6 - General rules for determining residence
- CHAPTER II - INTRODUCTION OF PERSONAL PROPERTY IN CONNECTION WITH A TRANSFER OF NORMAL RESIDENCE
- Article 7
- CHAPTER III - INTRODUCTION OF PERSONAL PROPERTY IN CONNECTION WITH THE FURNISHING OR RELINQUISHMENT OF A SECONDARY RESIDENCE
- Article 8
- CHAPTER IV - INTRODUCTION OF PROPERTY ON MARRIAGE
- Article 9
- CHAPTER V - INTRODUCTION OF THE PERSONAL PROPERTY OF A DECEASED PERSON, ACQUIRED BY INHERITANCE
- Article 10
- CHAPTER VI - FINAL PROVISIONS
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
CHAPTER I - GENERAL PROVISIONS
Article 1 - Scope
2. The following shall not be covered by this Directive:
(a) | value added tax; |
(b) | excise duty; |
(c) | specific and/or periodical duties and taxes connected with the use within the country of property referred to in paragraph 1, such as for instance motor vehicle registration fees, road taxes and television licences. |
Article 2 - Conditions relating to property
2. The exemption for which Article 1 makes provision shall be granted for personal property:
(a) | which has been acquired under the general conditions of taxation in force in the domestic market of one of the Member States and which is not the subject, on the grounds of exit from the Member State of origin, of any exemption or any refund of consumption tax. For the purposes of this Directive, goods acquired under the conditions referred to in Article 151 of Directive 2006/112/EC with the exception of point (e) of the first subparagraph of paragraph 1 thereof shall be deemed to have met those conditions; |
(b) | of which the person concerned has had the actual use before the change of residence is effected or the secondary residence established. In the case of motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft, Member States may require that the person concerned should have had the use of them for a period of at least six months before the change of residence. |
For the goods referred to in the second sentence of point (a), Member States may require:
(i) | in the case of motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft, that the person concerned should have had the use of them for a period of at least 12 months before the change of residence; |
(ii) | in the case of other goods, that the person concerned should have had the use of them for a period of at least six months before the change of residence. |
3. The competent authorities shall demand proof that the conditions in paragraph 2 have been satisfied in the case of motor-driven road vehicles (including their trailers), caravans, mobile homes, pleasure boats and private aircraft. In the case of other property, they shall demand such proof only where there are grave suspicions of fraud.
Article 3 - Introduction conditions
Article 4 - Obligations subsequent to introduction
Article 5 - Specific conditions for certain types of property
Article 6 - General rules for determining residence
However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.
2. Individuals shall give proof of their place of normal residence by any appropriate means, such as their identity card or any other valid document.
3. Where the competent authorities of the Member State of destination have doubts as to the validity of a statement as to normal residence made in accordance with paragraph 2, or for the purpose of certain specific controls, they may ask for any information they require or for additional proof.
CHAPTER II - INTRODUCTION OF PERSONAL PROPERTY IN CONNECTION WITH A TRANSFER OF NORMAL RESIDENCE
Article 7
The grant of the exemption shall, without prejudice to any Community transit procedure which may apply, be subject to the drawing-up of an inventory of the property on plain paper accompanied, if the State so requires, by a declaration, the model for and content of which shall be defined in accordance with the procedure referred to in Article 248a(2) of Council Regulation (EEC) No 2913/92 (6). No reference to value may be demanded on the inventory of the property.
2. The last of the property must be introduced not later than 12 months after the transfer of normal residence. Where, in accordance with Article 3, the property is introduced in stages within that period, only on the occasion of the first introduction may Member States require the submission of a full inventory to which reference may also be made in the event of subsequent removals by other customs offices. Such inventory may be supplemented subject to the agreement of the competent authorities of the Member State of destination.
CHAPTER III - INTRODUCTION OF PERSONAL PROPERTY IN CONNECTION WITH THE FURNISHING OR RELINQUISHMENT OF A SECONDARY RESIDENCE
Article 8
This exemption shall be granted only where:
(a) | the person concerned is the owner of the secondary residence or is renting it for a period of at least 12 months; |
(b) | the property introduced corresponds to the normal furniture of the secondary residence. |
2. The exemption shall also be granted, subject to the conditions mentioned in paragraph 1, where, following the relinquishment of a secondary residence, property is introduced to the normal residence or to another secondary residence, provided that the property in question has actually been in the possession of the person concerned, and that he has had the use of it, before establishment of a second residence.
The last of the property must be introduced not later than 12 months after the secondary residence has been relinquished.
CHAPTER IV - INTRODUCTION OF PROPERTY ON MARRIAGE
Article 9
(a) | such introduction takes place within a period beginning two months before the marriage date envisaged and ending four months after the actual marriage date; |
(b) | the person concerned provides evidence that his marriage has taken place or that the necessary preliminary formalities for the marriage have been undertaken. |
2. Exemption shall also be granted in respect of presents customarily given on the occasion of a marriage which are received by a person fulfilling the conditions laid down in paragraph 1 from persons having their normal place of residence in a Member State other than the Member State of destination. The exemption shall apply to presents of a unit value of not more than EUR 350. Member States may, however, grant an exemption of more than EUR 350, provided that the value of each exempt present does not exceed EUR 1 400.
3. Member States may make the granting of the exemption dependent on the provision of an adequate guarantee, where property is introduced before the date of the marriage.
4. Where the individual fails to provide proof of his marriage within four months of the date given for such marriage, the taxes shall be due on the date of introduction.
CHAPTER V - INTRODUCTION OF THE PERSONAL PROPERTY OF A DECEASED PERSON, ACQUIRED BY INHERITANCE
Article 10
(a) | such individual provides the competent authorities of the Member State of destination with a declaration issued by a notary or other competent authority in the Member State of origin that the property he is introducing has been acquired by inheritance; |
(b) | the property is introduced not more than two years after the date on which such individual enters into possession of the property. |
CHAPTER VI - FINAL PROVISIONS
Article 11
2. Member States may retain and/or introduce more liberal conditions for granting tax exemptions than those laid down in this Directive, with the exception of those laid down in Article 2(2)(a).
3. Without prejudice to Article 2(2), Member States may not, by virtue of this Directive, apply within the Community tax exemptions less favourable than those which they accord to imports by private individuals of personal property from third countries.
Article 12
2. Every two years the Commission shall, after consulting the Member States, send the European Parliament and the Council a report on the implementation of this Directive in the Member States.
Article 13
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.