Uncertainties Related to the Autonomous Concept of “Ancillary Transactions”

In its judgment delivered in AJFP Caraş-Severin and DGRFP Timişoara, the ECJ has interpreted for the first time the notion of “ancillary transactions”, employed in article 288(4) of the VAT Directive. In defining this autonomous notion, the ECJ seems to indicate that a contextual link should be established with the usual business activity of the taxable person, rather than an actual one, in terms of substance. Although the practical aspects of this judgment might be limited, in this article the author argues that its importance should not be underappreciated, considering the increasing number of the economic activities carried out by the small enterprises, lato sensu, benefiting from the special VAT scheme.