According to the ECJ (CS und technoRent International GmbH, 12/5/2021, C-844/19)v and Austrian Supreme Administrative Court (30 June 2021, Ro 2017/15/0035) refunds resulting from the VAT assessment base or an input tax surplus are subject to interest if the refunds are not made within a reasonable period of time (see also WTS Global VAT Newsletter 4/2021). The Austrian Supreme Administrative Court affirmed a claim to interest with respect to input tax surpluses and, by way of legal analogy, applied the interest rate of 2% above the prime rate contained in Sections 205, 205a and 212a of the Austrian Federal Fiscal Code.
Source WTS
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