EU Court of Justice clarifies VAT treatment on loyalty points: discounts, not vouchers
The Court of Justice of the European Union has issued an important ruling on the VAT treatment of loyalty schemes in Skatteverket v Lyko Operations AB (C-436/24). The decision confirms that many customer loyalty points are not vouchers for VAT purposes, but instead function as discounts on future purchases.
For businesses operating loyalty programmes, this distinction directly affects how and when VAT is accounted for. In 2024 a EU VAT vouchers review was published covering this complex topic. This follows the 2019 EU voucher VAT guidance on single versus multiple use vouchers.
Background: Lyko loyalty vouchers on purchases
Lyko Operations AB operates a beauty retail business online and in stores. Its proposed loyalty programme allowed customers to earn non-transferable points on purchases.
These points could be redeemed for low-value products from a “points shop”, but only when the customer made another purchase from the regular product range.
The Swedish tax authority argued that the points were not vouchers, because they did not function as independent payment for goods. The Swedish Supreme Administrative Court referred the question to the CJEU.
CJEU allies Directive test – points don’t make VAT’able vouchers
The Court focused on the definition of a voucher under Article 30a of the EU VAT Directive. A voucher must:
- Be accepted as full or partial consideration for a supply of goods or services
- Identify the goods/services or supplier
The Court concluded that Lyko’s points fail the first test. Because customers can only redeem points together with another purchase, the retailer is not obliged to supply goods solely in exchange for the points.
As a result, the points are not vouchers. Instead, they operate as discount mechanisms.
Practical clarity on voucher VAT implications
The ruling provides useful clarity for many loyalty programmes:
- Initial purchase: VAT applies to the full price of the goods sold
- Redemption of points: treated as a price reduction, lowering the VAT base of the later purchase
- Unused points: no VAT adjustment required
However, loyalty schemes can still fall within the voucher rules if points or credits can be used as independent payment for goods or services. In those cases, multi-purpose voucher (MPV) rules may apply, with VAT triggered at redemption.
What to do? Understand the incentives and payments on your voucher scheme
The Lyko decision confirms that the structure of loyalty programmes matters. Businesses should review whether their schemes create:
- A discount incentive (outside voucher rules), or
- A stand-alone payment instrument (potentially a voucher)
Getting this classification wrong can affect VAT timing, taxable amount, and compliance across EU jurisdictions.
