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Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax TITLE VIII — RATES

Article 93–Article 1008 provisions

CHAPTER 1 — Application of rates

Article 93

The rate applicable to taxable transactions shall be that in force at the time of the chargeable event. However, in the following situations, the rate applicable shall be that in force when VAT becomes chargeable: (a) in the cases referred to in Articles 65 and 66; (b) in the case of an intra-Community acquisition of goods; (c) in the cases, concerning the importation of goods, referred to in the second subparagraph of Article 71(1) and in Article 71(2).

Article 94

1.   The rate applicable to the intra-Community acquisition of goods shall be that applied to the supply of like goods within the territory of the Member State. 2.   Subject to the option under Article 103(1) of applying a reduced rate to the importation of works of art, collectors' items or antiques, the rate applicable to the importation of goods shall be that applied to the supply of like goods within the territory of the Member State.

Article 95

Where rates are changed, Member States may, in the cases referred to in Articles 65 and 66, effect adjustments in order to take account of the rate applying at the time when the goods or services were supplied. Member States may also adopt all appropriate transitional measures.

CHAPTER 2 — Structure and level of rates
Section 1 — Standard rate

Article 96

Member States shall apply a standard rate of VAT, which shall be fixed by each Member State as a percentage of the taxable amount and which shall be the same for the supply of goods and for the supply of services.

Article 97

1.   From 1 January 2006 until 31 December 2010, the standard rate may not be less than 15 %. 2.   The Council shall decide, in accordance with Article 93 of the Treaty, on the level of the standard rate to be applied after 31 December 2010.

Section 2 — Reduced rates

Article 98

1.   Member States may apply either one or two reduced rates. 2.   The reduced rates shall apply only to supplies of goods or services in the categories set out in Annex III. The reduced rates shall not apply to the services referred to in point (k) of Article 56(1). 3.   When applying the reduced rates provided for in paragraph 1 to categories of goods, Member States may use the Combined Nomenclature to establish the precise coverage of the category concerned.

Article 99

1.   The reduced rates shall be fixed as a percentage of the taxable amount, which may not be less than 5 %. 2.   Each reduced rate shall be so fixed that the amount of VAT resulting from its application is such that the VAT deductible under Articles 167 to 171 and Articles 173 to 177 can normally be deducted in full.

Article 100

On the basis of a report from the Commission, the Council shall, starting in 1994, review the scope of the reduced rates every two years. The Council may, in accordance with Article 93 of the Treaty, decide to alter the list of goods and services set out in Annex III.

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