In Envirotec Denmark ApS v Skatteministeren C-550/14 (26 May 2016) the CJEU found that a supply of material with a gold content fell within the scope of the reverse charge.
Envirotec a Danish company had purchased ingots consisting of a variety of fused material with a gold content varying between 500 and 600 thousandths. Envirotec had paid VAT on the purchase of the ingots but its supplier had not paid the tax to the Danish tax authorities and it had gone into liquidation. The tax authorities had then decided that the VAT paid by Envirotec could not be deducted on the ground that the ingots came under the reverse charge procedure.
Under the Principal VAT Directive art 198(2) where gold material (or semi-manufactured products) is supplied by a taxable person member states may designate the customer as the person liable for payment of VAT. The...
