Revisiting the Commissionaire Fiction in EU VAT Law: Cause, Effect and the Role of Identical Supplies

Journal
Doesum, A.J. van
European Union
International VAT Monitor 2024 (Volume 35), No. 6
Price USD 45

The author in this article examines the existing differing views on the application of the commissionaire fiction under EU VAT law, specifically whether identical supplies are a cause or effect of the fiction. The author argues that identical supplies should be seen as a consequence of applying the commissionaire fiction, not a condition for it, and emphasizes that the commissionaire fiction should apply regardless of any additional elements added by the commissionaire.