Decision 2010/583/EU authorising Romania to introduce a special measure derogating from Article 193 of Directive 2006/112/EC on the common system of value added tax

Summary:

Council Implementing Decision of 27 September 2010 authorising Romania to apply the reverse charge procedure to supplies of timber and wood products.

Further information:

Article 193 of the VAT Directive stipulates that the taxable person supplying goods or services is normally liable to pay value added tax (VAT). On 23 September 2009, Romania requested to be authorised to apply a reverse charge procedure, whereby the taxable person, to whom the supplies of goods or services are made, becomes liable for the payment of the VAT, to supplies of timber and wood products.

Romania encounters problems in the timber market because of the nature of the market and the businesses involved. The market has a large number of small enterprises which the Romanian authorities have found difficult to control. The most common form of tax evasion involves the supplier invoicing for supplies then disappearing without paying the tax to the competent authorities but leaving the customer in receipt of a valid invoice for the right of tax deduction.

The Commission proposal aims at combating possible VAT evasion or avoidance and has therefore a potential positive economic impact. The authorisation should be valid for a limited period and should therefore expire on 31 December 2013. In light of the experience gained up to that date an assessment may be made whether or not the derogation remains justified.

• Primary Source

EUR-Lex: COM(2010)313: Proposal for a Decision authorising Romania to introduce a special measure derogating from Article 193 of Directive 2006/112/EC on the common system of value added tax https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2010:313:FIN

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