CELEX: 62014CA0264
Language: en
Date: 2015-10-22 00:00:00
Title: Case C-264/14: Judgment of the Court (Fifth Chamber) of 22 October 2015 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Skatteverket v David Hedqvist (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 2(1)(c) and 135(1)(d) to (f) — Services for consideration — Transactions to exchange the ‘bitcoin’ virtual currency for traditional currencies — Exemption)

14.12.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 414/6
            
         Judgment of the Court (Fifth Chamber) of 22 October 2015 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Skatteverket v David Hedqvist
   (Case C-264/14) (1)
   
   ((Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Articles 2(1)(c) and 135(1)(d) to (f) - Services for consideration - Transactions to exchange the ‘bitcoin’ virtual currency for traditional currencies - Exemption))
   (2015/C 414/08)
   Language of the case: Swedish
   
      Referring court
   
   Högsta förvaltningsdomstolen
   
      Parties to the main proceedings
   
   
      Applicant: Skatteverket
   
      Defendant: David Hedqvist
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 2(1)(c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that transactions such as those at issue in the main proceedings, which consist of the exchange of traditional currency for units of the ‘bitcoin’ virtual currency and vice versa, in return for payment of a sum equal to the difference between, on the one hand, the price paid by the operator to purchase the currency and, on the other hand, the price at which he sells that currency to his clients, constitute the supply of services for consideration within the meaning of that article.
            
         
               2.
            
            
               Article 135(1)(e) of Directive 2006/112 must be interpreted as meaning that the supply of services such as those at issue in the main proceedings, which consist of the exchange of traditional currencies for units of the ‘bitcoin’ virtual currency and vice versa, performed in return for payment of a sum equal to the difference between, on the one hand, the price paid by the operator to purchase the currency and, on the other hand, the price at which he sells that currency to his clients, are transactions exempt from VAT, within the meaning of that provision.
               Article 135(1)(d) and (f) of Directive 2006/112 must be interpreted as meaning that such a supply of services does not fall within the scope of application of those provisions.
            
         
      (1)  OJ C 245, 28.7.2014.