RED doo wants to realize a building on its land in Ljubljana (Slovenia). To finance this, it concludes a purchase and lease agreement with RAIFFEISEN LEASING, trgovina in leasing doo. In 2011, the lease agreement was terminated because RED failed to fulfill its obligations. Following a tax audit, the Slovenian Tax Authorities state that the sale-and-leaseback agreement must be regarded as an invoice, because both the purchase price and the VAT due are included in this agreement. Because Raiffeisen has not paid the VAT under the lease agreement, the tax authorities will charge interest. According to Raiffeisen, the agreement was wrongly regarded as an invoice. The Slovenian court is asking questions for a preliminary ruling in this case.
Source Taxlive
Latest Posts in "European Union"
- ECJ VAT C-409/24 to C-411/24 – Judgment – Reduced VAT Rate Excludes Non-Accommodation Ancillary Services
- ECJ C-436/24 (Lyko Operations) – Judgment – Loyalty Points in Customer Reward Schemes Are Not VAT Vouchers
- ECJ C-472/24 (Žaidimų valiuta) – Judgment – VAT Exemption Denied for Virtual Money Transactions
- ECG T-96/26 (TellusTax Advisory) – Questions – VAT deductions in the event of different VAT treatment between Member States
- VIDA Measures applicable from 1 January 2027
