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Santogal M-Comércio e Reparação de Automóveis Lda v Autoridade Tributária e Aduaneira

Identifying an intra-community supply

In Santogal M-Comércio e Reparação de Automóveis Lda v Autoridade Tributária e Aduaneira (Case C-26/16) (1 February 2017) the advocate general considered the obligations of the vendor of a car in the context of an intra-community supply.

The sale of a car by Santogal a Portuguese company to an Angolan national for his personal use in Spain had given rise to the question of whether a member state was allowed:

  • to make the exemption from VAT subject to the condition that the purchaser resides in the member state of destination of the vehicle;
  • to refuse the exemption from VAT where the vehicle has been granted only temporary tourist registration in the member state of destination; and
  • to request payment of the VAT by the vendor of the...

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