It is widely known that the EU legislation applicable to VAT is contained in the Sixth VAT Directive (as amended), pursuant to which electricity is considered a tangible good. This means that sales of electricity can take place in the domestic and foreign markets, giving rise to domestic sales, imports, exports, intra-EU acquisitions or supplies. As a tangible good, electricity should also be capable of being transported. However, this conclusion, which is logical for movable goods, becomes doubtful in the case of electricity. As a result, different approaches have been adopted on a country-by-country basis. This treatment dates back to 1977 (Sixth VAT Directive) and refers to heavily regulated environments where supplies were basically domestic in nature with a limited number of operators. Now, 24 years later and in the midst of an EU-wide process of deregulation and liberalization, these rules are insufficient to cope with the variety of situations and growing complexity of the different markets.
March 01 2001