Both the first and the second purchaser in a supply chain may be denied the deduction of input VAT in the full amount if they were aware of a VAT fraud. The alternative brought by the referring German Tax Court to limit the non-deductible input VAT amount to the actual tax loss suffered by the State was rejected by the ECJ. ECJ judgment of 24 November 2022 C‑596/21 Finanzamt M
Source: PwC DE
Join the Linkedin Group on ECJ VAT Cases, click HERE
Latest Posts in "European Union"
- Questions to ECJ – Quick Fixes Under Scrutiny: Is an EU VAT ID a Substantive Requirement for Zero-Rating?
- Briefing document & Podcast: ECJ VAT C-622/23 (RHTB) – VAT Implications in Work Contract Cancellations
- New GC VAT Case: C-689/25 (British Company) – No details known yet
- Comments on ECJ Case C-726/23 (Arcomet) – ECJ clarifies VAT rules for Transfer Pricing adjustments in intragroup transactions
- ETAF Calls for Modern, Harmonised VAT Rules for EU Travel and Tourism Sector Reform