Member states requested to comply with EU VAT law
Tuesday November 24, 2009
The European Commission has formally requested a number of member states to amend legislation which allows non-taxable companies to join VAT groups.
According to the European Commission, this current setup is "not in line with the proper application of Article 11 of the VAT Directive".
Proceedings have already begun against Ireland, Spain, Finland, Sweden, Denmark, the Netherlands and the Czech Republic.
The UK government has been given two months to amend its legislation to bring it in line with the EU otherwise the case may be referred to the European Court of Justice.
In the case of Sweden, the proceedings concern the fact that the country limits the VAT grouping system to financial and insurance services, which contravenes the VAT Directive.
Earlier this year in July, the commission adopted a communication on the VAT grouping option provided for in the VAT Directive, which set out how the regulation would be practically implemented. 