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Commentary on ECJ C-154/20 (Kemwater ProChemie) – Input VAT deduction is only applied on goods or services from a verified supplier

The EU Official Gazette published the Preliminary Ruling of the European Court of Justice (ECJ) in Case No. C-154/20 clarifying the Czech VAT deduction regulations. 

ECJ Decision 

It would be against the principle of fiscal neutrality and previous case laws to deny a person who is a taxable person the right to deduct VAT because:  

  • the true supplier of the goods or services in question has not been identified, and 
  • the person who is a taxable person has not proved that the supplier was a taxable person.  

Source GlobalVATcompliance

Judgment: HERE

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