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Comments on C-582/20 (SC Cridar Cons SRL) – Tax authorities may suspend tax assessment for the input VAT deduction in order to obtain evidence of a taxpayer’s involvement in VAT

The EU Court of Justice has ruled that the Romanian tax authorities are not in violation of EU law when they postpone the processing of an objection to a tax assessment in order to obtain information on a taxpayer’s participation in tax evasion, provided that:  

  • The suspension does not cause an unreasonably long delay in the administrative objection process;
  • The ruling allowing such suspension is supported by facts and law and is open to judicial review; and 
  • If it is established that the taxpayer’s right to deduct was wrongly rejected, the reimbursement must be given within a reasonable time frame.  

Source: GVC

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