argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: no profit organization - definition - taxation

On 10 December 2020, the E.U. Court of Justice in case C-488/18 has provided clarifications regarding the decision of the tax administration of Kaufbeuren in Germany refusing the exemption from value added tax (VAT) of certain services related to the practice of golf, provided by the Golfclub to those who practice this sport. The notion of a ‘non-profit organization’ emerged, which constitutes an autonomous concept of EU law, which requires, in the event of the dissolution of this body, that the latter cannot distribute the profits it has made to its members and which exceed the capital shares paid by said members as well as the current value of the contributions in kind contributed by them. It follows that only the body whose assets are continuously allocated to the achievement of its corporate purpose can be classified as a ‘non-profit organization’, pursuant to Article 132, paragraph 1, letter m) of the VAT Directive, and cannot be transferred to its members after the dissolution of that body, to the extent that such assets exceed the capital shares paid by such members and the current value of the contributions in kind contributed by them.