TL;DR
An intra-Community acquisition for consideration of second-hand goods, works of art, collectors’ items or antiques is not subject to VAT in France when the seller or taxable dealer has applied, in the Member State of departure, the special scheme provided for by national legislation pursuant to Articles 312 to 325 or 333 to 341 of Directive 2006/112/EC. This rule applies to an acquisition carried out by a taxable person acting as such or by a non-taxable legal person.
Conditions for non-taxation
The transaction must be an intra-Community acquisition carried out for consideration. The seller or taxable dealer must have applied, in the Member State of departure of the dispatch or transport, the special scheme corresponding to the provisions referred to in Article 256 bis of the French General Tax Code.
When these conditions are met, the acquisition is not subject to VAT in France. Non-taxation applies when the seller or taxable dealer has applied the corresponding special scheme in the Member State of departure.
Case of the margin scheme
When a taxable dealer established in another Member State has subjected the sale to the special margin scheme, the purchase does not constitute an intra-Community acquisition, regardless of the status of the purchaser in France.
The tax of the seller’s Member State is included in the price. It may not appear separately on the invoice.
To be distinguished from the 5.5% reduced rate
The margin scheme must not be confused with the application of a reduced rate. A VAT rate of 5.5% may apply to certain intra-Community acquisitions of works of art, collectors’ items or antiques, particularly when they have been imported into the territory of another Member State or when they have been supplied by a taxable person other than a taxable dealer.
The 5.5% reduced rate constitutes taxation at a specific rate, not an exemption. When the sale is subject to the margin scheme, the purchase does not constitute an intra-Community acquisition.