Commentary

V7.110 VAT—EU/UK legislation

Part V7 Tax planning
Part V7 Tax planning | Commentary

V7.110 VAT—EU/UK legislation

Part V7 Tax planning | Commentary

The legislative framework

V7.110 VAT—EU/UK legislation

VAT legislation is derived primarily from Directive 2006/112/EC (formerly Directive 77/388/EEC – the 6th Directive). This in turn is derived from article 288 of the Treaty on the Functioning of the European Union (formerly article 249 of the Treaty establishing the European Community), which states:

'To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions…A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.'

It follows

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