The Commissioners have always accepted that in the event of an out-of-court termination of a lease-sale agreement for a motor vehicle to which the car was sold, Regulation 38 of the 1995 VAT Regulation applies, so that GMAC must be treated as if GMAC had made the lease-sale delivery against a reduced consideration of the amount of the sale proceeds. However, until the high Court of Justice of England and Wales, Chancery Division, in C-E Commissioners/GMAC  STC 577 (`C-E Commissioners/GMAC`), the Commissioners had not accepted that the same rule applied when the rental client was late and the GMAC car repossessed and was being auctioned. The delivery of a motor vehicle under a lease agreement was considered a delivery of goods for VAT purposes. VAT on the delivery of the car by GMAC to the final customers was due in respect of the total amount owed (excluding the financing commission). If the vehicle was then repossessed and auctioned, the auction was not considered a delivery of goods or a service, including under Section 4 of the Cars Order. If the sale is done in this way, a consumer chooses a vehicle from a dealer and requires an individual financing agreement. He was then responsible for leasing buying companies such as GMAC. If there is an agreement between the three parties, the dealer sells the vehicle to the rental company and the company delivers the vehicle to the end consumer as part of a lease agreement. In a letter dated February 20, 2006, GMAC therefore filed a claim on a debt term for the period 1978-1997, on the basis of which it was concluded that leases with customers had been terminated for non-payment of the agreed selling price. By decision of July 18, 2006, the Commissioners rejected this allegation. Court judgment (second chamber), 3 September 2014#Commissioners for her Majesty`s revenues and customs/GMAC UK plc.#Request for a preliminary decision of the High Court (House of Taxes and Clerks). #Reference pre-decision – VAT – Sixth Directive 77/388/EEC – Article 11C, paragraph 1, of the Treaty.
1, first paragraph, immediate effect, reduction of the tax base – Two transactions involving the same goods, deliveries of goods; motor vehicles, sold, rehired and auctioned on a rental basis – rights abuse.#Case C-589/12. the disposal of a used vehicle by a person who took it back into possession as part of a financing agreement, if the vehicle was in the same condition as it was in the same condition as when it withdrew it.” It should be noted that if, as the United Kingdom Government indicates, the objective pursued by the Sixth Directive cannot be achieved, it is a “windstorm” resulting solely from the application of national law.