How the DGT's position has evolved
Current position
For the VAT exemption on intra-Community supplies, the acquirer must be a taxable person or professional identified with a VAT number from another Member State. Transport must be proven by any means of evidence admitted in law, and the rebuttable presumptions (iuris tantum) of Implementing Regulation (EU) No 282/2011 may be used. In construction operations, if the acquirer contracts directly with the builder without the developer's mediation, the works are taxed at the general rate of 21%.
The DGT's position remains stable regarding the requirements for the acquirer's status for the VAT exemption. An evolution is observed towards technical precision regarding the proof of transport, integrating the presumptions of Implementing Regulation (EU) No 282/2011. Regarding construction works, the application of the general rate is confirmed when the acquirer acts directly towards the builder.
Turning points
-
Specifies that transport can be justified through the rebuttable presumptions (iuris tantum) of Implementing Regulation (EU) No 282/2011 if documents from independent parties are held.
Analysis based on 16 of 16 rulings with a stated position. Updated 26 September 2026.