I. – Intra-Community acquisitions of tangible movable property located in France pursuant to I of Article 258 C, made by a purchaser who has a value added tax identification number in another Member State of the Community, are not subject to value added tax where the following conditions are met:
1° The purchaser is a taxable person who is not established or identified in France and who has not appointed a representative there pursuant to I of Article 289 A ;
2° The intra-Community acquisition is made for the purposes of a consecutive supply of the same goods to a taxable person or a non-taxable legal entity, identified for value added tax pursuant to the provisions of Article 286 ter ;
3° The goods are dispatched or transported directly from a Member State of the Community other than that in which the purchaser is identified, to the taxable person or non-taxable legal entity referred to in 2° ;
4° The customer shall ensure that the recipient of the supply referred to in 2° is issued with a tax-free invoice including:
a. The purchaser’s value added tax identification number;
b. The French value added tax identification number of the recipient of the supply;
c. The words: “Application of Article 141 of Council Directive 2006/112/EC of 28 November 2006”.
II. – For the purposes of II of Article 258 C, acquisitions made there under the conditions of Article 141 of Council Directive 2006/112/EC of 28 November 2006 shall be deemed to be subject to value added tax in the Member State of destination of the goods, provided that the purchaser:
1° has ensured that the invoice referred to in Article 289 has been issued to the recipient of the subsequent supply in the Member State to which the goods were dispatched or transported and containing:
a. Its French value added tax identification number;
b. The value added tax identification number of the recipient of the subsequent supply in the Member State where the goods were dispatched or transported;
c. The words: “Application of Article 141 of Council Directive 2006/112/EC of 28 November 2006”.
2° Files the recapitulative statement referred to in Article 289 B in which must be clearly indicated:
a. Its French value added tax identification number;
b. The value added tax identification number of the recipient of the subsequent supply in the Member State where the goods were dispatched or transported;
c. For each recipient, the total amount, excluding value added tax, of consecutive supplies of goods made in the Member State where the goods were dispatched or transported. These amounts are declared in respect of the period in which value added tax became chargeable on these supplies.