O IVA nas atividades especulativas
: o caso do jogo e dos criptoativos : uma perspetiva da União Europeia

  • Maria Ramos Bahia de Brito Moreira (Student)

Student thesis: Master's Thesis

Abstract

In this research three very different sectors of activity are tested, but they all have one thing in common: investment in speculative activity. Speculative activity has a very uncertain basis, and it is a risky behaviour since it involves forecasts that change depending on the evolution of prices. Therefore, the main issue with this line of research is to assess the VAT mechanism in gambling and crypto assets. As mentioned in article 135º (1) (i) of the Directive 2006/112/EC of 28 November 2006 on the common system of value-added tax, all gambling-related activities are exempt from paying VAT. Furthermore, legal tender is also exempt from VAT under Article 135(1)(d) of the VAT Directive. But with the digital evolution of the online gambling market itself and transactions through virtual payments (using cryptocurrencies, utility tokens, security tokens or even NFTs), it has become imperative to find answers to the possibility of VAT taxation in these circumstances. If the taxable person can invest in one of these three activities, will that investment be treated the same under VAT? When it comes to the digital market of online gambling and crypto assets, how is this transaction defined? What is the CJEU's position on these matters? The methods used are based on descriptive and rigorous research, which comes from various data collected from national and European provisions, from guidelines and Working Papers of the VAT Committee, as well as from Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax.
Date of Award7 Jan 2025
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorSérgio Vasques (Supervisor)

Keywords

  • VAT
  • Speculative ativity
  • Gambling
  • Crypto assets

Designation

  • Mestrado em Direito

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