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Denial of the input VAT deduction in cases of fraud

BFH, resolution of 20 October 2021, XI R 19/20

According to the BFH, the measures that can be reasonably demanded of a taxpayer in order to prevent their own participation in a foreign VAT fraud, depends in large part on the individual circumstances. These circumstances must be determined in accordance with national law provisions on proof, which may not impact the effectiveness of Union law.

Source KPMG

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