The article examines the Tour Operators’ Margin Scheme (TOMS), highlighting its intended simplification for travel agents and the significant challenges it poses, such as blocked input VAT and inconsistent application across EU Member States. It discusses the scheme’s impact on profitability, competitive distortions, and the European Commission’s public consultation on reforms launched in 2025.
Maltese operators cannot recover input VAT on purchases such as French hotel stays, turning that VAT into a cost that can reduce profitability.
The European Commission launched the consultation between July 2025 and October 2025.
The 2017 EU TOMS Study estimated that blocked input VAT on direct costs amounts to about €1.15 billion per year.
The margin is taxed at the standard VAT rate, regardless of the individual rates applied to the travel services within the package.
EU operators face VAT recovery barriers due to blocked input VAT, while non‑EU operators are not subject to TOMS and therefore do not face these barriers, creating competitive distortions.
Get VAT and indirect tax news delivered to your inbox twice a week.
No spam. Unsubscribe anytime.
The Invoicing Hub · 2 days ago
EN 16931‑1, the EU e‑invoicing standard, is being updated to a mid‑2026 release that expands B2B functionality and aligns with the ViDA initiative. The revision is not backward compatible, requiring migration for existing version 3 implementations, and will be formally approved in late January 2026 with publication concluding within six months. Key national roll‑outs include Germany’s XRechnung 4.0 and France’s CTC extensions.
Bloomberg Tax · 6 days ago
Bloomberg Tax’s commentary examines the European Commission’s proposal to grant EU anti‑fraud bodies access to national VAT data, a move aimed at closing the €128 billion annual VAT gap. The article highlights the debate over jurisdiction and the balance between cross‑border enforcement and national sovereignty.
LinkedIn Article by Raoul Ramautarsing · 8 days ago
The EU is set to overhaul its e‑commerce customs regime, abolishing the <EUR 150 exemption on July 1 2026 and replacing it with a flat EUR 3 fee per product. From November 1 2026 a EUR 2 handling fee will apply to all distance‑sale goods, while platforms will become deemed importers responsible for duties, VAT and compliance. A new customs data hub is slated for 2028 and dedicated e‑commerce warehouses are encouraged to mitigate the impact.
Baker McKenzie · 10 days ago
The CJEU reaffirmed that substantive VAT exemption conditions prevail over formalities, with three 2025 judgments clarifying that missing Article 45a documents, incomplete export paperwork, or absent customs steps do not automatically deny exemptions if fraud is absent. The rulings reinforce fiscal neutrality and outline narrow exceptions where formal non‑compliance can defeat an exemption.
Pagero · 12 days ago
The European Parliament’s Committee on Economic and Monetary Affairs released a draft report on 4 February 2026 urging the European Commission to overhaul the outdated 1977 VAT exemption for financial services. The report proposes taxing identifiable charges such as fees and commissions, introduces coordinated temporary windfall taxes on exceptional bank profits, and calls for an alternative to the withdrawn EU-wide Financial Transaction Tax.
The Invoicing Hub · 12 days ago
The Peppol network will enforce a mandatory switch from G2 to G3 digital certificates on 1 April 2026. Failure to migrate will revoke the G2 trust chain and disconnect Access Points from the network. OpenPeppol has issued detailed guidelines to help providers become dual‑capable during the transition.