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Class notes

VAT in Cross-Border Situations (600336-M-6) | LLM International Business Taxation | Tilburg University | 2025/26

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Lecture notes from the course VAT in Cross-Border Situations (600336-M-6) at Tilburg University, covering the fundamentals of Value Added Tax in international contexts. The document includes: 1. Class notes 2. All ppt with additional explanation 3. Readings notes 4. Case law 5. Model answers for assignments 6. Exam and model answers

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VALUE ADDED TAX IN CROSS-BORDER SITUATIONS NOTES


Lecture 1: Introduction
Course overview:




Exam:

- Group assignment 25%
- Individual assignment 75%



Direct taxation vs indirect taxation

• Direct taxes
– Tax base erosion
– (Harmful) tax competition




1

, – Economic crisis: less revenues from direct taxes (income based)

• Indirect taxes
– Efficiency – consumption provides for a broader and more stable tax base
– Less tax competition
– Efficiency in levying and in collection
– Robust in view of aging society




Same indirect tax trends

• Shift from direct tax to indirect tax
• More countries to introduce indirect taxes
• Rates tend to increase
• Double taxation & double non-taxation – Global initiatives → OECD VAT/GST
guidelines
• Governance, risk and control
• Transparancy & fair share



Taxing consumption

The concept of taxing consumption



2

,General vs specific

• General taxes on consumption
– All goods and services

• Specific taxes on consumption
– Generally goods only
– Excises (e.g. alcoholic beverages, tobacco, gasoline)


Government level of taxation

• Federal taxes vs state taxes
• Federal taxation: (harmonized) EU VAT
• State taxation: US sales tax
• Taxation at multiple levels: Brasil
• Key issue in federal systems: revenue allocation


Consumption

• Business consumption vs private consumption

• VAT/GST’s are designed to tax private consumption

Legislative intent:
• Art. 1(2) EU VAT Directive: “general tax on consumption”
• Australian Executive Summary to the Explanatory Memorandum: “tax on private




3

, consumption in Australia”

Case law:
• ECJ 24 November 1996, Case C-317/94, Elida Gibbs: “intended to tax only the final
consumer”
• Supreme Court of New Zealand, Glenharrow Holdings Ltd. v. Commissioners of Inland
Revenue: “tax on final consumption

Taxing consumption

Taxable person (paying tax to government) vs Fina consumer (carrying tax burden)


Justification for taxing consumption

• Generally unclear on the basis of (draft) legislation

1. Justification = final consumption
– taxing the benefit one has from consumption (expenditure), which is an indicator of
the economically relevant activity of a person

2. Justification = consumption expenditure as an indicator of the ability to pay



Single stage taxation

Single stage, multiple stage, all stages taxation

Single stage:




- Manufacturer tax
- Wholesaler tax



4

, - Retail tax

Retail sales tax

- Single stage tax
- Generally limited to goods, not services
- Key advantage: simplicity
- Key disadvantage: lack of neutrality for businesses


US example:




• Typical state sales tax
– Aims to exclude B2B transactions
– Exemption for items bought for resale
– ‘Physical ingredient rule’

• Certain goods are exempt or taxed at a reduced rate
– E.g. food for preparation and consumption at home and prescribed medication

• Sales tax to be paid to state at least quarterly
– Some states provide a discount upon payment of collected tax




5

Table of contents

  1. 01 Key Facts: 47
  2. 02 ECJ Ruling: 47
  3. 03 Legal Principle: 47
  4. 04 Answer: 68
  5. 05 Legal test 68
  6. 06 Consideration requirement (key case law) 68
  7. 07 Applying to Anne 68
  8. 08 Would it differ if she used an LLC instead of a foundation? 68
  9. 09 Answer from the class: 69
  10. 10 Answer: (1) 69
  11. 11 Legal hooks 69
  12. 12 Applying to the fact pattern 70
  13. 13 Answer from the class: (1) 70
  14. 14 Who (taxable person / VAT group?) 71
  15. 15 What (nature of each transaction?) 72
  16. 16 Where (place of supply / taxation?) 72
  17. 17 Answer: (2) 173
  18. 18 1) Ticket sales to supporters (worldwide) 173
  19. 19 2) Contract with Fiera Milano Exhibition Center (the rink) 174
  20. 20 3) Are the ticket sales and the venue lease a single or joint supply? 174
    1. 1. The E-Ticket platform (US company → Italian foundation) 176
    2. 2. The volunteers (Italian IT fans helping maintain the ticketing website) 176
  21. 21 Ultimate EU Fan 2026 S.R.L. (Italy, goods stored in Italy; B2C within the EU) 178
  22. 22 Ultimate Fan 2026 S.R.L. (Singapore; serves non-EU customers) 179
  23. 23 1) Import into the EU (China → NL, Rotterdam) 181
  24. 24 2) Onward B2B sales from NL to official stores in FR/DE/ES 181
  25. 25 3) Transport services 182
  26. 26 4) Registrations & returns 182
    1. 1) Who / what (is taxed)? 183
    2. 2) Where to tax (place of supply)? 183
    3. 3) Rate 184
    4. 4) Invoicing / liability (practical) 184
    5. 1) Sale of the 75% shareholding (Italian Bank → US investor) 185
    6. 2) UK advisory fees (Total Sports UK → Italian Bank) 186
    7. 3) Can the Bank deduct the VAT on the advisory costs? 186
    8. 4) Municipality of Milan (25% holder) 186

Document information

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Uploaded on
August 26, 2026
Number of pages
231
Written in
2025/2026
Type
Class notes
Professor(s)
Prof. dr. g.j. van norden
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