Bird & Bird Newsflash July 2012
 
Zero-Rating & Leasing to Airlines
 

Zero-Rating & Leasing to Airlines

The Court of Justice in Re A Oy C-33/11 has decided that supplies of aircraft can be VAT exempt (or zero-rated) by intermediaries where the end user is an airline operating for reward chiefly on international routes, and that international routes includes not just regular flights but also charter flights.  

The decision will apply across the EU.

 

A key issue for aviation intermediaries (such as operating or finance lessors) is identifying when the supply of aircraft to such a recipient can be exempt from VAT in the European Union.  


Under the EU VAT Directive the supply of any aircraft which is used by an “airline operating for reward chiefly on international routes” is treated as an exempt supply with VAT recovery (referred to as zero-rating in the UK), which includes the leasing of such aircraft.


Click here to read our full article.


Please contact a member of Bird & Bird's International VAT Team if you have any queries on this alert. 

About Bird & Bird VAT Team
We are one of the few law firms in the world that is able to offer an extensive team of specialists in international VAT and indirect taxes across Europe, the Middle East and Asia. We have access to experts in this area covering all of our 23 offices with experience of supporting major transactions, providing strategic VAT planning and helping you to achieve compliance within this area of increasingly changing legislation.

Our team have experience from both the industry and the fiscal authorities as well as extensive practical skills of accounting practices, supply chain processes and the different VAT rules in each country.

For further information contact:
 

Julian Hickey

Head of International VAT Group

T +44 (0)20 7415 6615

julian.hickey@twobirds.com

Kasper Van Eck

T +31 (0)70 353 8876

kasper.van.eck@twobirds.com

 


For information on our International Tax Group contact:


Heads of International Tax Group: 

 

Christian Luthman

T +46 (0)8 506 320 36

christian.luthman@twobirds.com

Pieter Camps

T +31 (0)70 353 8834

pieter.camps@twobirds.com

 

About Bird & Bird Aviation Team


Our International Aviation Group works as one team across our 23 office network and gives expert advice on all the specialist legal issues that arise across the whole of the aviation and aerospace sector.


Our areas of expertise include aircraft financing & leasing, airlines, airports, corporate aviation, product liability and tour operators. 


Heads of Aviation Group:

 

Paul Briggs

T +44 (0)20 7905 6353

paul.briggs@twobirds.com

Catherine Erkelens

T +32 (0)2 282 4061

catherine.erkelens@twobirds.com


The content of this update is of general interest and is not intended to apply to specific circumstances. The content should not, therefore, be regarded as constituting legal advice and should not be relied on as such. In relation to any particular problem which they may have, readers are advised to seek specific advice. Further, the law may have changed since first publication and the reader is cautioned accordingly.

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