According to the ECJ in Luxury Trust Automobil (Case C-247/21), the application of the triangular rule requires that the intermediary purchaser indicates, in his invoice, that the recipient is liable for the VAT. The ECJ hence abandons the chosen path of attaching only formal significance to invoice details. “Failed” triangular transactions cannot be cured retroactively. German tax courts have recently answered this question inconsistently. Unfortunately, it remains open whether the simplification for triangular transactions can be applied retrospectively, but without retroactive effect. The next court proceedings are thus pre-programmed.
Source: kmlz.de
Latest Posts in "European Union"
- Maximizing VAT Recovery: Essential Tips for Businesses
- EU Announces VAT Digital Age Implementation Strategy to Combat Fraud and Modernize System
- ECJ Rules on VAT Treatment of Mobile App Services Before 2015
- EPPO Indicts 36 Suspects in €24.3 Million VAT Fraud Scheme
- EU Court Rules on VAT Liability for App Store Digital Platform Sales
