These questions are by no means limited to private sellers or occasional transactions. In practice, artists, galleries, auction houses and professional parties in the equestrian sector are also frequently confronted with complex VAT discussions. These include questions regarding the applicable VAT rate, the qualification as a taxable person, the distinction between private and professional transactions, and the application of specific VAT regimes, such as margin schemes or exemptions.

In the equestrian sector, additional difficulties arise, including the qualification of activities as economic activities, the VAT treatment of purchases and sales, and the application of different rates depending on the nature of the transaction. In the art sector too, the combination of international transactions, intermediaries and special regimes often leads to discussions with the administration.

The VAT administration often approaches such matters strictly in practice and tends to qualify activities as economic more quickly, with the consequence that VAT is deemed due, sometimes retroactively. This may result in substantial assessments, penalties and interest, making a correct prior analysis and considered positioning essential.

Arx Aurum has extensive experience in this field and assists clients at all stages of the matter. We not only advise on the VAT consequences of transactions, but also actively assist clients during VAT audits, negotiations with the administration and court proceedings.

Our practice covers a broad spectrum of clients, ranging from private collectors and sellers to artists, galleries, auction houses and professional parties in the equestrian sector. We combine technical VAT expertise with practical experience in discussions with the administration, enabling us to approach matters not only in a legally correct manner, but also strategically.