European Court of Justice, Case C-695/20, “Fenix International Limited v. Commissioners HMRC”: Intermediary Services and Electronic Platforms

The European Court of Justice has ruled that the examination of the question referred has disclosed no factor of such a kind as to affect the validity of Article 9a (1) of Implementing Regulation No 282/2011.

Therefore, the Council did not exceed the limits of its implementing powers with this provision, under which an operator of an online platform (such as OnlyFans) is presumed to be the supplier of the services provided through such platform i.e., the platform is liable for VAT on the total amount of the services provided (through the platform) by the content creators to the respective subscribers.

Italy Authorised to Increase the VAT Registration Threshold for Small Businesses

The European Union has authorised Italy to exempt from VAT taxable persons with an annual turnover below EUR 85,000 (i.e., instead of previous threshold of EUR 65,000), from 1 January 2023 until 31 December 2024.

122nd Meeting of the European Commission VAT Committee

Following the 122nd meeting held in March 2023, the European Commission VAT Committee published the respective minutes of the meeting.

Among the topics discussed, the committee has addressed the state of play of the electronic system “Centralised Clearance for Import”; the VAT implications on transactions linked to non-fungible tokens (NFTs), namely that their qualification as electronic services cannot be generalised to all NFTs; and the possibility for a lessee to deduct the VAT paid upon the importation of the leased goods.