Ordinance on Value Added Tax

(Art. 3 let. d VAT Act)

¹The sale of goods rep­res­ents a sup­ply of goods even if a re­ser­va­tion of title is re­cor­ded.

²The trans­fer of own­er­ship of goods as se­cur­ity or as a pledge does not rep­res­ent a sup­ply of goods. If the right un­der the trans­fer of own­er­ship as se­cur­ity or un­der the pledge is en­forced, a sup­ply of goods takes place.

³A sale of goods with sim­ul­tan­eous lease­back to the seller for use (sale and lease­back busi­ness) does not qual­i­fy as a sup­ply of goods if at the time of the con­clu­sion of the con­tract a re-trans­fer is agreed. In this case the ser­vice of the lessor does not qual­i­fy as mak­ing goods avail­able for use, but as a fin­an­cing ser­vice un­der Art­icle 21 para­graph 2 num­ber 19 let­ter a VAT Act.