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PUBLIC - Croatia, the War, and the Future

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(b) Article 80 (1)(b) is replaced by <strong>the</strong> following:<br />

'(b) where <strong>the</strong> consideration is lower than <strong>the</strong> open market value <strong>and</strong> <strong>the</strong> supplier does not<br />

have a full right of deduction under Articles 167 to 171 <strong>and</strong> Articles 173 to 177 <strong>and</strong> <strong>the</strong><br />

supply is subject to an exemption under Articles 132, 135, 136, 371, 375, 376, 377, 378(2),<br />

379(2) or Articles 380 to 390c;'<br />

(c) Article 136, subparagraph (a), is replaced by <strong>the</strong> following:<br />

'(a) <strong>the</strong> supply of goods used solely for an activity exempted under Articles 132, 135, 371,<br />

375, 376 <strong>and</strong> 377, Article 378(2), Article 379(2) <strong>and</strong> Articles 380 to 390c, if those goods have<br />

not given rise to deductibility;'<br />

(d) Article 221(3) is replaced by <strong>the</strong> following:<br />

'3. Member States may release taxable persons from <strong>the</strong> obligation laid down in Article 220 to<br />

issue an invoice in respect of supplies of goods or services which <strong>the</strong>y have made in <strong>the</strong>ir<br />

territory <strong>and</strong> which are exempt, with or without deductibility of <strong>the</strong> VAT paid at <strong>the</strong> preceding<br />

stage, pursuant to Articles 110 <strong>and</strong> 111, Article 125(1), Article 127, Article 128(1), Articles<br />

132, 135, 136, 371, 375, 376 <strong>and</strong> 377, Article 378(2), Article 379(2) <strong>and</strong> Articles 380 to<br />

390c.'<br />

(e) The following Article is inserted after Article 390b:<br />

'Article 390c<br />

<strong>Croatia</strong> may, in accordance with <strong>the</strong> conditions applying in that Member State on <strong>the</strong> date<br />

of its accession, continue to exempt <strong>the</strong> following transactions:<br />

(a) <strong>the</strong> supply of building l<strong>and</strong>, with or without buildings built on it, as referred to in point (j)<br />

of Article 135(1) <strong>and</strong> in point (9) of Annex X, Part B, non-renewable, until 31 December<br />

2014;<br />

14509/11 WS/jj 162<br />

ANNEX I DGF 2A / DG K 2 EN

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