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Commentary on ECJ C-334/20 (Amper Metal) – Advertising expenses and VAT deduction

Conclusion:

  • A taxable person can deduct input VAT paid for advertising
  • when it constitutes a provision of services subject to VAT and
  • has a direct and immediate link with one or more taxable operations or with the taxable person’s economic activity as a whole,
  • as long as that with its overheads, without taking into account the fact that the price charged for such services would be excessive compared to a reference value defined by the national tax administration or
  • that these services would not have led to an increase in turnover of said taxpayer.

Source Francisco Javier Sánchez Gallardo

See also ECJ C-334/20 (Amper Metal Kft.) – Judgment – Excessive advertising costs allow for Input VAT deduction

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