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VAT Directive — Article 189

The article's text

Article 189 For the purposes of applying Articles 187 and 188, Member States may take the following measures: (a) define the concept of capital goods; (b) specify the amount of the VAT which is to be taken into consideration for adjustment; (c) adopt any measures needed to ensure that adjustment does not give rise to any unjustified advantage; (d) permit administrative simplifications.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

2
NGO
2
company
1
EU citizen
1
business association
WhoCountryWhat they wrote
IDSt e.V.DEdefinition of "capital goods" under Article 189 (a) VAT Directive is left in the hands of the individual Member States. It is also unclear how this affects the rule of Article 369xb subparagraph 2 Draft VAT Directive ("all-or-nothing rule"), if one Member Stat
IDSt e.V.DEdefinition of "capital goods" under Article 189 (a) VAT Directive is left in the hands of the individual Member States. It is also unclear how this affects the rule of Article 369xb subparagraph 2 Draft VAT Directive ("all-or-nothing rule"), if one Member Stat
Federation of German IndustriesDElso likely to cause problems. There is a risk of fragmentation of the legal framework, as the definition of "capital goods" under Article 189(a) of the VAT-D is left to each Member State. It is also unclear how this will affect the rule in Article 369x b(2) VA
NetflixNLand compliance burden still exists for many businesses. In addition, since Member States need to define the term ‘capital good’ (art. 189 VAT 2 Directive), different definitions are maintained by Member States, leading to legal uncertainty. We understand that
Christian AMANDBEnation and this would render the provision unapplicable. In addition, according to the proposed article 369xa juncto the current article 189(a), the new scheme does not include transfer of capital goods that are currently subject to non- transfers according t
Siemens AGDEis a risk of new compliance costs due to the fragmentation of the legal framework, since the definition of "capital goods" under Article 189(a) is placed in the hands of the individual Member States. It is also unclear how this affects the provision of the su

Source: public consultation submissions and position papers. n = 6 mentions; counted as a literal reference to the article number.

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