S.L. 406.10 Art. 18Circumstances applicable in the Member State of establishment.

(1) The Member State of establishment shall not forward the application to the Commissioner where, during the refund period, any of the following circumstances apply to the applicant in that Member State of establishment:

(a) he is not a taxable person for VAT purposes;

(b) he carries out only supplies of goods or of services which are exempt without deductibility of the VAT paid at the preceding stage pursuant to Articles 132, 135, 136, 371, Articles 374 to 377, Article 378(2)(a), Article 379(2) or Articles 380 to 390 of Directive 2006/112/EC or provisions providing for identical exemptions;

(c) he is covered by the exemption for small enterprises provided for in Articles 284, 285, 286 and 287 of Directive 2006/112/EC;

(d) he is covered by the common flat-rate scheme for farmers provided for in Articles 296 to 305 of Directive 2006/112/EC.

(2) The Member State of establishment shall notify the applicant by electronic means of the decision it has taken pursuant to sub-regulation (1).