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A company inquired whether purchasing defective phones stored in the EU from a Hong Kong supplier constitutes an import. The DGT ruled that, as the goods are located within the Union and have been previously cleared for free circulation, the transaction is considered an intra-community supply.
This ruling clarifies that the physical location of the goods and their previous customs status determine the VAT treatment, rather than the supplier's origin.
The tax team reviews your specific situation.
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