French General Tax Code
In forceI. - The flat-rate refund instituted by article 298 quater benefits:
a) To farmers who sell butchery and charcuterie animals defined by decree (1), either to a person liable for value added tax in respect of these same animals, or, with a view to slaughter, to a person liable for value added tax in respect of the sale of meat from the aforementioned animals, or to non-taxable legal entities making intra-Community acquisitions which are taxable in the Member State of the European Community in which the goods dispatched or transported arrive, or for export ;
b) Farmers who sell the same animals to farmers who benefit from the flat-rate refund under the provisions of a.
II. - The flat-rate reimbursement allocated to the reseller is liquidated on the difference between the sale price and the purchase price of the live animal.
The application of these provisions is subject to the publication of a decree by the Council of State taken after consulting the professional organisations concerned (2). This decree sets out in particular the procedures for checking and identifying live animals and the administrative formalities to which this reimbursement is subject, as well as the procedures for calculating the basis for reimbursement. The same text may set the basis on which the flat-rate reimbursement is deducted in cases where the sale price of the animals exceeds their normal value in terms of meat weight (3).
In the case referred to in I-b the flat-rate reimbursement is settled under the following conditions:
The overall amount of the flat-rate reimbursement allocated to the seller and the reseller is deducted from the sales of live animals made by the reseller;
Within the limit of these sales, the reseller issues his suppliers with certificates concerning the purchases of animals made during the same year or during the previous year ;
The flat-rate reimbursement is paid to suppliers on the basis of the attestations they have received; it is paid to the reseller on the difference between the amount of his sales and the amount of the attestations he has issued.
(1) Annex III, art. 65 A.
(2) Annex II, art. 267 ter.
(3) Annex II, art. 267 bis-7.
