Contract of transport – Scope of VAT

The litigation concerned the application of VAT to non-exchangeable airline tickets which had expired by virtue of the non-attendance of the customer at the point of embarkation, as well as to exchangeable tickets which remained unused at the end of their period of validity. Air France did not account for VAT in respect of sales of such tickets.

The Conseil d’Etat followed the position of the CJEU and repeated that VAT is due even when the transaction has not yet been performed, if all the elements relevant to the chargeable event (i.e. the future service) are already known and, in particular, that at the time of the advance payment, the goods and services are precisely determined. The Conseil d’Etat considered that the chargeable event relating to the service received by the passenger consists of the actual performance of the transport or of the expiration of the air carrier’s contractual obligations. As for the tax point, this occurs upon receipt of the payment of the price by the operator in charge of carrying out the transport service.

In respect of the nature of the obligation created by the contract, the Conseil d’Etat confirmed that the obligation created by a contract of transport entitles the customer to the right to be transported, exercisable at a time of his choosing for a one year period, and does not constitute a distinct obligation in respect of the reservation of the ticket or the transportation itself.

Finally, in terms of the nature of the payment made by the “no show” passenger, this is not aimed at compensating a loss. The Conseil d’Etat noted that the customer cannot be considered as having cancelled the contract where he had exercised his right to walk away from a refundable transport contract.

Bertrand Jeannin

Bertrand Jeannin, Partner, supplies strategic and technical advice to French and foreign multinational groups in all aspects of their VAT and customs policies. He regularly assists his clients in the […]

William Stemmer

William Stemmer, Partner, has more than 20 years’ experience in Indirect Tax matters. William particularly specializes in the real estate sector. William carries out many training courses on VAT aspects […]

Nicolas Kazandjian

Barrister registered with the Hauts-de-Seine Bar, he started my career in the indirect tax service line of Deloitte Société d’Avocats in 1999. My current position is Director. My area of […]

Anne Gerometta

Anne Gerometta is Indirect Tax Partner of Deloitte Société d’Avocats. She advises international groups on their indirect tax issues. Anne notably assists operators from the Financial Sector – bank, insurance […]

Vanessa Irigoyen

With more than 16 years of experience, Vanessa has extensive expertise in the implementation of international efficiency business models for customs, export control and indirect tax purposes. Her functions notably […]

Delphine Nicault

Delphine Nicault is an Attorney-at-Law at the French Bar. She joined Deloitte in 2002 and assists her clients on day-to-day VAT issues. She developed an expertise in the VAT and […]