The European Court of Justice has delivered its decision in the eight cases brought against Member States for the incorrect application of TOMS.
Unsurprisingly, the judges have decided to follow the Opinion of the Advocate General in her opinion delivered on 6 June:
1. The concept of ‘traveller’ cannot be restricted to the final consumer. Thus TOMS can now apply to B2B supplies, as well as B2C supplies.
2. The margin must be determined transaction by transaction and cannot be calculated on a global basis.
This information is taken from a press release in French.
The complete text of the decision and the press release are not yet available on the ECoJ website.
The implications of these decisions are major: the imply an significant increase in tax exposure for wholesale businesses based within the EU, and the “transaction” calculation will enormously increase clerical workloads.