VATcodexEU VAT case law · Court of Justice and General Court

Article 5b Implementing Regulation (EU) No 282/2011

Supply of goods

Chapter IV · Taxable transactions › Section 1 · Supply of goods

Open in the compendium

Text of Article 5b

For the application of Article 14a of Directive 2006/112/EC, the term ‘facilitates’ means the use of an electronic interface to allow a customer and a supplier offering goods for sale through the electronic interface to enter into contact which results in a supply of goods through that electronic interface.

However, a taxable person is not facilitating a supply of goods where all of the following conditions are met:

(a)that taxable person does not set, either directly or indirectly, any of the terms and conditions under which the supply of goods is made;

(b)that taxable person is not, either directly or indirectly, involved in authorising the charge to the customer in respect of the payment made;

(c)that taxable person is not, either directly or indirectly, involved in the ordering or delivery of the goods.

Article 14a of Directive 2006/112/EC shall not apply to a taxable person who only provides any of the following:

(a)the processing of payments in relation to the supply of goods;

(b)the listing or advertising of goods;

(c)the redirecting or transferring of customers to other electronic interfaces where goods are offered for sale, without any further intervention in the supply.

Consolidated version on EUR-Lex (CELEX 02011R0282-20250414). © European Union. Only the Official Journal is authentic.

Commission explanatory notes on Article 5b

Not binding. Guidance published by the Commission (DG TAXUD).

Explanatory Notes on the VAT e-commerce rules

Import One Stop Shop and deemed supplier rules, revised text applicable from 01-01-2027

Official PDF on europa.eu ↗