Considerations on COM(2024)398 -

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dossier COM(2024)398 - .
document COM(2024)398
date September  9, 2024
 
(1) Articles 168 and 168a of Directive 2006/112/EC establish taxable persons’ right to deduct value added tax (VAT) charged on supplies of goods and services received by them for the purposes of their taxed transactions. Article 26(1), point (a), of that Directive contains a requirement to account for VAT when a business asset is put to use for private purposes of taxable persons or their staff or, more generally, for purposes other than those of their business.

(2) Council Implementing Decision (EU) 2018/19942 authorises Croatia to limit to 50 % the right to deduct VAT paid on the purchase and leasing of specified passenger cars with a maximum of eight seats in addition to the driver’s seat, including the purchase of all goods and services supplied in relation thereto, when those cars are not wholly used for business purposes. The authorisation also relieves taxable persons from having to treat the non-business use of such passenger cars as a supply of services for consideration. Implementing Decision (EU) 2018/1994 is due to expire on 31 December 2024.

(3) By letter registered with the Commission on 3 April 2024, Croatia requested an authorisation to continue to apply the derogation from Article 26(1), point (a), and Articles 168 and 168a, of Directive 2006/112/EC in order to restrict the right of deduction in relation to expenditure related to certain passenger cars not wholly used for business purposes (‘the special measure’).

(4) In accordance with Article 395(2), second subparagraph, of Directive 2006/112/EC, the Commission, by letter dated 14 May 2024, transmitted the request made by Croatia to the other Member States. By letter dated 15 May 2024, the Commission notified Croatia that it had all the information it considered necessary for appraisal of the request.

(5) In accordance with Article 6, second paragraph, of Implementing Decision (EU) 2018/1994, Croatia submitted a report including the review of the percentage laid down for the limitation of the right of deduction. Based on currently available information, Croatia confirmed that the limit of 50 % is still justifiable and remains appropriate.

(6) Given the positive impact of the special measure on the administrative burden of taxpayers and tax authorities alike by simplifying VAT collection and preventing tax evasion through incorrect record keeping, Croatia should be authorised to continue to apply the special measure. The extension of the special measure should be limited in time, until 31 December 2027, to allow for an evaluation of its effectiveness and of the appropriate percentage.

(7) In the event that Croatia considers that an extension of the special measure is necessary in addition to the one provided for under this Decision, it should submit the request for an extension, accompanied by a report that includes a review of the percentage applied, to the Commission by 31 March 2027.

(8) The special measure will have a negligible effect on the overall amount of tax revenue collected at the stage of final consumption and will have no adverse impact on the Union’s own resources accruing from VAT.

(9) Implementing Decision (EU) 2018/1994 should therefore be amended accordingly.