What specific exemptions apply to intra-Community acquisitions of goods?

Written by Solvo · based on official sources · Published on 20 September 2026

General question : What are the special schemes applicable to intra-Community acquisitions of goods?

TL;DR: In France, an intra-Community acquisition is in principle subject to VAT. It may nevertheless be exempt when it concerns goods whose supply in France or importation would be exempt, or when the purchaser not established in France would be entitled to a full refund of VAT. Specific regimes also exist for investment gold, certain second-hand goods and triangular transactions.

The principle laid down by Article 262 ter-II of the CGI

Article 262 ter-II of the French General Tax Code exempts from VAT intra-Community acquisitions of goods falling into three categories:

The scheme also covers, when they are treated as intra-Community acquisitions by Article 256 bis-II of the CGI, the allocation or receipt of goods.

Goods whose supply in France would be exempt

The exemption applies when the goods would have benefited from an exemption if the same transaction had been carried out on the French domestic market.

You must be able to establish that the conditions for this exemption would have been met in France. This category covers goods whose supply falls under a domestic exemption regime or is treated as an exempt international exchange.

Goods whose importation would be exempt

The intra-Community acquisition is also exempt when the importation of the goods into France would have been exempt under Article 291-II of the CGI.

This notably concerns:

Acquisitions carried out by certain purchasers not established in France

Article 262 ter-II also provides for an exemption when the purchaser is not established in France, does not carry out supplies of goods or supplies of services there and would have been entitled to a full refund of the VAT due on the acquisition pursuant to Article 271-V of the CGI.

Specific regimes

Investment gold

Intra-Community acquisitions of investment gold fall under the exemption regime provided for by Article 298 sexdecies A of the CGI. To benefit from this regime, the goods must meet the tax definition of investment gold, which depends in particular on their form and degree of purity.

Second-hand goods, works of art, collectors’ items and antiques

The intra-Community acquisition of second-hand goods, works of art, collectors’ items or antiques is not subject to VAT when the seller or taxable dealer applied, in the Member State of departure, the special regime provided for by the VAT Directive, in particular the profit margin scheme.

This rule concerns goods acquired for consideration by a taxable person acting as such or by a non-taxable legal person. The treatment depends on the effective application of the special regime in the Member State of departure.

Goods intended for certain regimes

Article 277 A of the CGI also provides for the exemption of intra-Community acquisitions of goods intended to be placed under one of the regimes referred to in points 1 and 2 of that article.

Triangular transactions covered by Article 258 D

In a triangular transaction, the intra-Community acquisition is not subject to VAT when the conditions of Article 258 D of the CGI are met.

You must in particular verify that:

The invoice issued to the recipient must be issued exclusive of tax and include the purchaser’s VAT identification number, the recipient’s French VAT identification number and the following wording: “Application of Article 141 of Council Directive 2006/112/EC of 28 November 2006”.

This transaction is classified as not subject to VAT by Article 258 D. It differs from the exemptions expressly provided for by Article 262 ter-II of the CGI.

Informational content, does not constitute personalized tax advice.

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Official sources

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