Customs Flash general edition 2012 no 20
European Court of Justice ruled in Profitube case that transactions in a customs warehouse can be VATable
In the Profitube spol. s.r.o. case (C-165/11) the European Court of Justice ruled supplies of goods physically situated in a customs warehouse to be VATable, in principle, as they take place on the territory of the respective EU member state. In this case the place of supply of the goods was carried out within the territory of Slovakia and Slovakia did not opt for using the possibility of exempting such supplies pursuant to the VAT Directive. Therefore, these supplies were subject to VAT.