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ARTICLE · 15 DECEMBER 2014

The EU VAT Directive | A Gaming Perspective

From 1st January 2015, the EU will implement changes in the place of supply rules, which will shift the place of supply to the country of consumption of electronically supplied services.

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As from 1st January 2015, the EU will implement a number of changes in the place of supply rules, which will shift the place of supply to the country of consumption of electronically supplied services, amongst others. Since online gaming is included within the definition of the electronically supplied services, VAT could become chargeable in accordance with the regulations of the Member State where the customer is established.

Even though the EU VAT Directive expressly exempts gambling from VAT, the Directive allows Member States to apply such conditions and limitations as they deem fit, to the application of the exemption. This freedom granted by the Directive to the Member States has created a severely inconsistent application of the exemption throughout the EU. In fact there are a number of Member States where gaming is not exempt, partly exempt or exempt subject to a number of conditions, such as the holding of a gambling licence in that jurisdiction or the

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