Article 295 Directive 2006/112/EC
Common flat-rate scheme for farmers
Title XII · Special schemes › Chapter 2 · Common flat-rate scheme for farmers
Open in the compendium6 cases ↓
Text of Article 295
1.For the purposes of this Chapter, the following definitions shall apply:
(1)‘farmer’ means any taxable person whose activity is carried out in an agricultural, forestry or fisheries undertaking;
(2)‘agricultural, forestry or fisheries undertaking’ means an undertaking regarded as such by each Member State within the framework of the production activities listed in Annex VII;
(3)‘flat-rate farmer’ means any farmer covered by the flat-rate scheme provided for in this Chapter;
(4)‘agricultural products’ means goods produced by an agricultural, forestry or fisheries undertaking in each Member State as a result of the activities listed in Annex VII;
(5)‘agricultural services’ means services, and in particular those listed in Annex VIII, supplied by a farmer using his labour force or the equipment normally employed in the agricultural, forestry or fisheries undertaking operated by him and normally playing a part in agricultural production;
(6)‘input VAT charged’ means the amount of the total VAT attaching to the goods and services purchased by all agricultural, forestry and fisheries undertakings of each Member State subject to the flat-rate scheme where such tax would be deductible in accordance with Articles 167, 168 and 169 and Articles 173 to 177 by a farmer subject to the normal VAT arrangements;
(7)‘flat-rate compensation percentages’ means the percentages fixed by Member States in accordance with Articles 297, 298 and 299 and applied by them in the cases specified in Article 300 in order to enable flat-rate farmers to offset at a fixed rate the input VAT charged;
(8)‘flat-rate compensation’ means the amount arrived at by applying the flat-rate compensation percentage to the turnover of the flat-rate farmer in the cases specified in Article 300.
2.Where a farmer processes, using means normally employed in an agricultural, forestry or fisheries undertaking, products deriving essentially from his agricultural production, such processing activities shall be treated as agricultural production activities, as listed in Annex VII.
Consolidated version on EUR-Lex (CELEX 02006L0112-20250414). © European Union. Only the Official Journal is authentic.
Case law on Article 295: 6 cases
Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 295 of Directive 2006/112/EC, most recent first.
- C-697/20 Dyrektor Izby Skarbowej w L. (Loss of flat-rate farmer status) Judgment · 24 March 2022 · Poland · cites Article 295(1)
- C-262/16 Shields & Sons Partnership Judgment · 12 October 2017 · United Kingdom · cites Article 295(1)(3), (1)(6)
- C-303/16 Solar Electric Martinique Opinion · 29 June 2017 · France
- C-524/10 Commission v Portugal Judgment · 8 March 2012 · Portugal · cites Article 295(1), (1)(6), (1)(7)
- C-180/10 Słaby and Others Judgment · 15 September 2011 · Poland · cites Article 295(1), (1)(1), (1)(3)
- C-484/06 Koninklijke Ahold Opinion · 24 January 2008 · Netherlands
VAT Committee guidelines on Article 295: 1
Not binding. Positions agreed in the VAT Committee set up under Article 398 of Directive 2006/112/EC and published by the Commission.
- Meeting 001 · 1977-11-23-24 · document 1.[1.c)] Article 25* – racehorse training – flat-rate scheme for farmers – scope