VATcodexEU VAT case law · Court of Justice and General Court

Article 318 Directive 2006/112/EC

Special arrangements for taxable dealers

Title XII · Special schemes › Chapter 4 · Special arrangements for second-hand goods, works of art, collectors' items and antiques › Section 2 · Special arrangements for taxable dealers

Open in the compendium4 cases ↓

Text of Article 318

1.In order to simplify the procedure for collecting the tax and after consulting the VAT Committee, Member States may provide that, for certain transactions or for certain categories of taxable dealers, the taxable amount in respect of supplies of goods subject to the margin scheme is to be determined for each tax period during which the taxable dealer must submit the VAT return referred to in Article 250.

In the event that such provision is made in accordance with the first subparagraph, the taxable amount in respect of supplies of goods to which the same rate of VAT is applied shall be the total profit margin made by the taxable dealer less the amount of VAT relating to that margin.

2.The total profit margin shall be equal to the difference between the following two amounts:

(a)the total value of supplies of goods subject to the margin scheme and carried out by the taxable dealer during the tax period covered by the return, that is to say, the total of the selling prices;

(b)the total value of purchases of goods, as referred to in Article 314, effected by the taxable dealer during the tax period covered by the return, that is to say, the total of the purchase prices.

3.Member States shall take the measures necessary to ensure that the taxable dealers referred to in paragraph 1 do not enjoy unjustified advantage or sustain unjustified harm.

Consolidated version on EUR-Lex (CELEX 02006L0112-20250414). © European Union. Only the Official Journal is authentic.

Case law on Article 318: 4 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 318 of Directive 2006/112/EC, most recent first.

  1. C-787/19 Commission v Austria (VAT – Travel agents) Judgment · 27 January 2021 · Austria
  2. C-380/16 Commission v Germany Judgment · 8 February 2018 · Germany
  3. C-471/15 Sjelle Autogenbrug Judgment · 18 January 2017 · Denmark
  4. C-189/11 Commission v Spain Judgment · 26 September 2013 · Spain