The European Commission on Monday proposed amendments to the VAT Directive, in order to provide Member States with the flexibility to apply reduced VAT rates for some specific services on a permanent basis.
The Commission proposal covers areas where there is sufficient evidence that
reduced rates do not create problems for the proper functioning of the Internal
Market.
The sectors concerned are mainly so called labour-intensive services and locally
supplied services, including restaurant services.
The proposal also forms part of the planned Small Business Act, as SMEs dominate the sectors
concerned. The proposal does not alter the principle that the application of
reduced rates is optional for Member States.
László Kovács, Commissioner for Taxation and Customs Union
explained that:
"I propose generalising the optional application of reduced rates in
sectors where there is sufficient evidence that no real distortions to the Internal
Market will occur. I want to provide certainty about the application of reduced
rates beyond 2010 for labour intensive sectors and provide all Member States
with the same options."
"There is no reason why restaurant services, for example,
should be allowed to benefit from a reduced rate in one half of the European
Union but not in the other half."
In the absence of clear orientation from the Council to the Commission's Communication
of last July regarding the full revision of the system of reduced rates, the
proposal only seeks to deal with issues which require urgent action while, at
the same time, seeking to provide the same possibilities to all Member States.
The scope of the proposal is therefore limited, and most of the services in
question are already eligible for a reduced rate, but only in a limited number
of Member States and only for a limited period, running until 2010.
The proposal does not include a general review of the numerous derogations
granted to various Member States, nor is it widening the scope of reduced rates
for environmental or energy saving purposes.
On this last point, the Commission is currently carrying out a number of studies
concerning the possible use of reduced rates for energy saving materials or
energy efficient goods and services in accordance with the request formulated
by the European Council in March 2008.
The Commission will present the results of its analysis, accompanied by relevant
proposals in the autumn.
The housing sector will no longer be limited to services linked to a social
policy, as it is currently, but will be broadened to include the supply and
construction of all housing, as well as all services related to the housing
sector (including renovation, maintenance, cleaning, etc).
Supply of restaurants and catering services, excluding alcoholic beverages,
are also included.
It is proposed that labour-intensive services should be permanently included
in the list of services eligible for reduced rates. Moreover, the category should be
broadened to other locally supplied services of a similar nature, according to the EC.
These include:
- Minor repair of tangible movable goods, including bikes but excluding other
means of transport. Examples include shoes, clothes, computers, watches,
- Cleaning and maintenance services of all these goods and, in this case,
other means of transports are included;
- Domestic care services (e.g. home help and care of the young, elderly, sick
or disabled);
- All personal care services (including hairdressing, beauty services, etc)
- Gardening services; and
- Renovation and maintenance services provided to places of worship, cultural
heritage and historical monuments, as recognised by Member States.
In addition, a number of small clarifications are proposed.
The category of pharmaceutical products is to be widened under the proposal to cover all absorbent hygiene
products, notably including children's nappies.
Concerning medical equipment
for the disabled, the Commission proposes widening this category to cover all
specially designed or adapted material or equipment for the exclusive personal
use of the disabled (including specially adapted cars, Braille keyboards, etc).
Printed books, under current legislation, may be subject to reduced rates.
The Commission proposes widening the definition of books to include audio-books.
These are defined as 'CDs, CD-ROMs or any physical support that predominantly
reproduce the same information content as printed books' and which do not include
other material such as games.