Application of Sixth VAT Directive as it applies to public bodies. Whether a body governed by public law has a right pursuant to Article 20 of the Directive to adjust the VAT paid in respect of the acquisition of a capital good, which it has used for activities in which it engages as a public authority, when it subsequently sells that good as a taxable person. Also, whether a body governed by public law has the right wholly to exclude from its capital assets a capital good used partly for activities engaged in as a taxable person and partly for activities engaged in as a public authority, as in the case of taxable natural persons.
November 18 2004