CJEU ends reduced VAT rate on e-books has been saved
CJEU ends reduced VAT rate on e-books
CJEU Case C-502/13
On 5 March 2015, the CJEU published its decision in the Case C-502/13, Commission vs. Luxembourg. The dispute concerned the VAT rate to be applied to e-books in Luxembourg.
Since the 1st of January 2012, Luxembourg had applied its super-reduced VAT rate of 3% to the sale of e-books, mainly based on the argument that a broad interpretation should be given to the notion of books, so that no distinction between a physical and an e-book should be made.
On its turn, the Commission argued that applying a 3% VAT rate was against to the obligations lying under Council Directive 2006/112/EC, which clearly prevents Member-States to apply reduced rates to electronically supplied services.
On its decision, the CJEU has agreed with the arguments of the Commission, declaring that the application of a 3% VAT rate is against the said Council Directive and also disregarding other arguments supported by Luxembourg to apply a 3% VAT rate, such as the qualification of such supply as a supply of goods or that such distinction would breach the principle of fiscal neutrality.
In the same coherent way, France, as well, cannot longer apply its reduced VAT rate on e-Books.
E-books are therefore subject to the standard VAT rate.
We note that the place of taxation to define the appropriate standard VAT rate to apply in a “B2C” transaction must be determined according to the new VAT e-Commerce rules that are in force since the 1st of January 2015.