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Comments on ECJ C-60/23: Charging vehicle at charging point – whether a supply of goods

  • Digital Charging Solutions GmbH (DCS) is a German company that provides electronic vehicle (EV) users in Sweden with access to a network of charging points.
  • Users receive real-time information on prices, location, and availability of charging points, as well as functions for locating charging points and route planning.
  • DCS contracts with EV users, providing them with a card and an application for authentication to charge their vehicles.
  • The charging points are operated by charge-point operators (CPOs), and when a charging point is used, the CPO invoices DCS, which then invoices the customer on a monthly basis for the quantity of electricity supplied and a fixed access/service fee.
  • The Swedish tax authority considered this as a single supply of electricity, while the taxpayer argued for two separate supplies.
  • The Advocate General (AG) noted that the charging of the vehicle at a charging point does constitute a supply of goods, and agreed that there are two supplies, one of which is electricity.
  • The AG’s opinion is limited to how the VAT Directive applies to each stage.

Source KPMG

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