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    <title>2005 (1) TMI 672 - EUROPEAN COURT OF JUSTICE</title>
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    <description>Under the Sixth Council Directive 77/388/EEC, the taxable amount for a supply is the consideration actually received, reflecting the subjective value paid by the purchaser or third party. The deeming rules for private-use or free-of-charge supplies apply only where no actual consideration is received, and are meant to prevent unequal treatment between business use and private use of business assets or services. Where a supply is made for consideration, even if that amount is below cost price, it remains a taxable transaction for consideration and cannot be reclassified as a private-use application. National rules treating such transactions as private use solely because the price is below cost are therefore precluded.</description>
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      <title>2005 (1) TMI 672 - EUROPEAN COURT OF JUSTICE</title>
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      <description>Under the Sixth Council Directive 77/388/EEC, the taxable amount for a supply is the consideration actually received, reflecting the subjective value paid by the purchaser or third party. The deeming rules for private-use or free-of-charge supplies apply only where no actual consideration is received, and are meant to prevent unequal treatment between business use and private use of business assets or services. Where a supply is made for consideration, even if that amount is below cost price, it remains a taxable transaction for consideration and cannot be reclassified as a private-use application. National rules treating such transactions as private use solely because the price is below cost are therefore precluded.</description>
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