taxud/2414/08 - European Commission - Europa
taxud/2414/08 - European Commission - Europa
taxud/2414/08 - European Commission - Europa
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involving a financing element, payment by instalments or an allowed period for payment<br />
for the supply of services and goods are a part of the remuneration for the services or<br />
goods and not available separately. For the customer of the goods or services they<br />
usually do not constitute an aim in themselves;<br />
(b)<br />
the grant of credit in connection with hire purchase and lease purchase<br />
arrangements where the consideration for that credit constitutes an integral part<br />
of the consideration for the hire purchase and lease purchase;<br />
This is an implementing provision to Article 135 (1c) stipulating that where the supply of<br />
goods or services includes the granting of credit which is not set out separately, the grant<br />
of credit shall not be a distinct service exempted under Article 135 (1) (b) of Directive<br />
2006/112/EC and to Article 135a (2) of that same Directive.<br />
Hire purchase services usually apply in cases where a buyer cannot afford to pay the<br />
asked price for an item of property as a lump sum but can afford to pay a percentage as a<br />
deposit; a hire-purchase contract allows the buyer to hire the goods for a monthly rent.<br />
When a sum equal to the original full price plus interest has been paid in equal<br />
instalments, the buyer may then exercise an option to buy the goods at a predetermined<br />
price (usually a nominal sum) or return the goods to the owner. Also in these cases the<br />
financing element remains for the client an invisible part of the remuneration which he<br />
pays either for becoming the owner of the goods at the end of the contract or for hiring<br />
the goods; this financing element is not available separately and therefore does not<br />
constitute an aim in itself for him;<br />
Lease purchase is a method of financing, similar to hire purchase, via a finance company,<br />
normally for a vehicle. Instead of spreading the whole payment over several years, there<br />
is a short term lease, followed by an option to buy. There is also sometimes an initial<br />
deposit. The monthly payment is determined by the sale price of the vehicle, the amount<br />
of any deposit paid, the period of the lease contract plus the proposed annual mileage/<br />
kilometre and the estimated future value of the vehicle at the end of the term. An optional<br />
payment equivalent to the estimated future value is payable at the end of the contract, at<br />
which time the vehicle becomes the property of the lessee. In some cases the lease<br />
purchase contract anticipates at the outset that title will pass after the period of leasing; in<br />
other cases the transfer of ownership is left optional. In all these cases the financing<br />
element remains for the client an invisible part of the remuneration which he pays either<br />
for becoming the owner of the goods at the end of the contract or for hiring the goods;<br />
this financing element is not available separately and therefore does not constitute an aim<br />
in itself for him;<br />
(c)<br />
the provision of debit and prepaid card services.<br />
Debit card services cover scenarios where funds are directly withdrawn from the card<br />
holders monetary account when the debit card is used for the acquisition of goods or<br />
services; in most cases it also allows the card holder also to withdraw himself cash from<br />
his monetary account. Such card services do not provide for a lending of money;<br />
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