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((Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Article 314 - Article 316 - Article 322 - Special arrangements for works of art - Margin scheme - Taxable dealers - Supply of works of art by the creator or his successors in title - Intra-Community transactions - National tax authorities’ refusal to grant a taxable person the right to opt for application of the margin scheme - Conditions under which applicable - Right to deduct input tax - Works of art, collectors’ items and antiques))
(2019/C 35/05)
Language of the case: German
Applicant: Harry Mensing
Defendant: Finanzamt Hamm
1.Article 316(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a taxable dealer may opt for the application of the margin scheme to the input supply of works of art which were supplied in the context of an exempt intra-Community supply, by the creator or his successors in title, when those persons do not fall within the categories of persons listed in Article 314 of that directive.
2.A taxable dealer may not opt for the application of the margin scheme laid down in Article 316(1)(b) of the VAT Directive to an input supply of works of art that were supplied to him in the context of an exempt intra-Community supply and, at the same time, claim a right to deduct input VAT in the situations in which such a right is precluded under Article 322(b) of that directive, if that latter provision has not been transposed into national law.
(1)
OJ C 283, 28.8.2017.
Language of the case: German
ECLI:EU:C:2019:140
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