I. – The supply of goods and services for consideration by a taxable person acting as such is subject to value added tax.
II. – 1° The transfer of the power to dispose of tangible property in the same way as an owner is considered to be the supply of goods.
2° The following in particular are considered to be tangible movable property:
electricity, gas, heat, refrigeration and similar goods.
3° The following are also deemed to be supplies of goods:
a) The transfer of ownership of tangible movable property effected by virtue of a requisition from the public authority;
b) (Repealed with effect from 1st January 1996).
c) The material handover of tangible movable property under a contract which provides for the leasing of such property for a certain period or for its sale on instalments and which is subject to a clause under which ownership of such property normally vests in the holder or his successors at the latest on payment of the final instalment;
d) The material handover of tangible movable property under a contract of sale which includes a retention of title clause.
II bis. – 1° An intra-Community distance sale of goods means a supply of goods dispatched or transported by or on behalf of the supplier, including where the supplier is indirectly involved in the transport or dispatch of the goods, from a Member State other than that in which the dispatch or transport to the purchaser ends, where the following conditions are met:
a) The supply of goods is made to a taxable person or a non-taxable legal entity whose intra-Community acquisitions of goods are not subject to tax either pursuant to 1° bis and 2° of I of Article 256 bis when these intra-Community acquisitions take place in France, or in application of paragraph 1 of Article 3 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax when these intra-Community acquisitions take place in another Member State of the European Union, or to the benefit of any other non-taxable person ;
b) The goods supplied are neither new means of transport, nor goods supplied after assembly or installation, with or without a commissioning test, by or on behalf of the supplier.
2° A distance sale of goods imported from third territories or third countries means a supply of goods dispatched or transported by the supplier or on his behalf, including where the supplier is indirectly involved in the transport or dispatch of the goods, from a third territory or a third country to a purchaser in a Member State, where the following conditions are met:
a) The supply of goods is made to a taxable person or to a non-taxable legal person whose intra-Community acquisitions of goods are not subject to tax either pursuant to 2° of I of Article 256a when these intra-Community acquisitions take place in France, or pursuant to paragraph 1 of Article 3 of the aforementioned Council Directive 2006/112/EC of 28 November 2006 when these intra-Community acquisitions take place in another Member State of the European Union, or to any other non-taxable person ;
b) The goods supplied are neither new means of transport nor goods supplied after assembly or installation, with or without a trial run, by or on behalf of the supplier.
III. – The transfer by a taxable person of goods from his business to another Member State of the European Union shall be treated as a supply of goods.
The dispatch or transport, by or on behalf of a taxable person, of tangible movable property for the purposes of his business shall be deemed to be a transfer within the meaning of the preceding provisions, with the exception of the dispatch or transport of property which, in the Member State of arrival, is intended:
a) To be used temporarily for the purposes of services carried out by the taxable person or under conditions which would entitle him, if the goods were imported, to the benefit of temporary admission with total exemption from duties;
b) To be the subject of expert appraisals or work on condition that the goods are re-dispatched or transported to France to that taxable person;
c) To be the subject of installation or assembly.
d) To be the subject of supplies on board means of transport, carried out by the taxable person, under the conditions referred to in Article 37 of Council Directive 2006/112/EC of 28 November 2006.
For the purposes of this III, the transfer, within the meaning of the first paragraph, of natural gas, electricity, heat or refrigeration to another Member State for the purposes of a supply where the place of supply is situated there, in accordance with the provisions of Articles 38 and 39 of Council Directive 2006/112/EC of 28 November 2006, shall not be treated as a supply of goods.
IIIa. – (1) The transfer by a taxable person of goods from his business to another Member State of the European Union under a contract of deposit for stocks shall not be treated as a supply of goods where the following conditions are met:
>(1) The goods are dispatched or transferred to another Member State of the European Union under a contract of deposit for stocks.
1° The goods are dispatched or transported by the taxable person, or by a third party on his behalf, to another Member State in order to be delivered there, at a later stage and after their arrival, to another taxable person who will be able to dispose of them as an owner under an agreement between the two taxable persons;
2° The taxable person who dispatches or transports the goods is not established, or does not have a fixed establishment, in the Member State to which the goods are dispatched or transported;
3° The taxable person to whom the goods are to be supplied is identified for value added tax purposes in the Member State to which the goods are dispatched or transported and has notified the taxable person referred to in 2° of his identity and this identification number at the time the dispatch or transport begins;
4° The taxable person who dispatches or transports the goods records the transfer of the goods in the register provided for in Article 286c(I)(2) and indicates the identity of the taxable person who acquires the goods and the identification number for value added tax purposes allocated by the Member State to which the goods are dispatched or transported in the recapitulative statement provided for in Article 289B(I).
2. If, within twelve months of their arrival in the Member State to which they were dispatched or transported, the goods have not been supplied to the taxable person referred to in 3° of 1 of this IIIa and none of the circumstances referred to in 4 have arisen, a transfer within the meaning of III of this Article shall be deemed to have taken place on the day following that on which the twelve-month period expires.
3. No transfer within the meaning of III of this article shall be deemed to have taken place where, within twelve months of their arrival in the Member State to which they were dispatched or transported, the right to dispose of the goods has not been transferred, they are returned to France and the taxable person records their return in the register referred to in 4° of 1 of this IIIa.
4. No transfer within the meaning of III of this article is deemed to have taken place when the taxable person referred to in 3° of 1 is replaced, within twelve months of the arrival of the goods, by another taxable person provided that the other conditions referred to in the same 1 are still met and that the taxable person referred to in 2° of the said 1 records this replacement in the register referred to in 2 of I of article 286 quater.
5. For a period of twelve months following their arrival in the Member State to which they have been dispatched or transported, a transfer of goods within the meaning of III of this article is deemed to have taken place:
As soon as one of the following events occurs
1° As soon as one of the conditions mentioned in 1 and 4 of this IIIa ceases to be met;
> Immediately prior to the delivery of the goods to the Member State to which they were dispatched or transported
2° Immediately prior to delivery where the goods referred to in 1° of 1 are delivered to a person other than the person referred to in 3° of 1 without the conditions of 4 being met;
> Immediately prior to the start of the sale of the goods;
Immediately prior to the start of the sale of the goods.
3° Immediately prior to the start of dispatch or transport when the goods referred to in 1° of 1 are dispatched or transported to a country other than France;
> 4° When the goods referred to in 1° of 1 are delivered to a person other than the person referred to in 3° of 1 and the conditions of 4 are not met
4° Where the goods referred to in the same 1° are destroyed, lost or stolen, on the date on which the goods were actually removed or destroyed or, if this date is impossible to determine, on the date on which the goods were found to be destroyed or missing.
IV. – 1° Transactions other than those defined in II, in particular the transfer or grant of intangible movable property, the undertaking not to do or to tolerate an act or situation, tolling transactions, real estate work and the performance of the trustee’s obligations, are deemed to be the provision of services;
2° The following are also deemed to be the provision of services (Provision of an interpretative nature):
a) Transactions, including negotiation, involving currency, banknotes and coins which are legal means of payment with the exception of collector’s coins and banknotes.
The turnover relating to these operations is made up of the amount of profits and other remuneration.
Collectors’ coins and notes include gold coins other than those referred to in 2 of Article 298 sexdecies A in silver or other metal, as well as banknotes which are not normally used in their function as a legal means of payment or which are of numismatic interest ;
b) Transactions involving shares, company or association shares, bonds and other securities, excluding securities representing goods and interest shares the possession of which ensures in law or in fact the allocation in ownership or in enjoyment of an immovable property or a fraction of an immovable property.
The turnover relating to the operations, other than those of custody and management, mentioned above is made up of the amount of profits and other remuneration.
V. – 1° A taxable person, acting in his own name but on behalf of another person, who engages in the supply of goods or services, is deemed to have personally acquired and supplied the goods, or received and supplied the services in question;
2° The following are also deemed to have acquired and supplied the goods:
a) The taxable person who facilitates, through the use of an electronic interface such as a market place, platform, portal or similar device, distance sales of goods imported from third territories or third countries contained in consignments with an intrinsic value not exceeding €150;
b) The taxable person who facilitates, through the use of an electronic interface such as a marketplace, platform, portal or similar device, the supply of goods within the European Union by a taxable person not established within the territory of the European Union to a non-taxable person.
Where a taxable person is deemed to have acquired and supplied goods under the conditions set out in a and b of this 2°, the dispatch or transport of those goods shall be attributed to the supply made by that taxable person.