The Opinion of the VAT Expert Group is that Transfer Pricing Adjustments should be considered as “Outside scope of VAT” where both parties have a full right to recover VAT, in accordance with the simplification practice that we suggest to be adopted by the Member States. It is only when one of the traders does not have a full right of recovery, that Transfer Pricing Adjustments might require a VAT adjustment if there is a sufficiently direct link between any payments resulting from an adjustment and specific supplies. Transfer Pricing Adjustments resulting from a tax audit should always be treated as outside of the scope of VAT unless the parties agree to change the consideration accordingly.
Source Circabc
Latest Posts in "European Union"
- Transfer Pricing, VAT and Transactions Between Related Entities: Key Principles from CJEU Case Law (Stellantis Portugal, C‑603/24)
- EU ViDA Implementation Strategy: Six Implementing Acts Shaping DRR, VIES and OSS Roll-Out (2027–2030)
- Comments on ECJ C-603/24 (Stellantis Portugal) – Transfer pricing and VAT: Court confirms in Stellantis that not every true-up constitutes a service
- Agenda of the ECJ/General Court VAT cases – 3 Judgments till June 25, 2026
- EGC VAT Case T-231/26 (Agenzia delle Entrate Direzione Provinciale Genoval) – Questions – VAT deductibility of general expenses for auctioneers under margin scheme
