The ECJ affirmed that national law can stipulate that a transfer of all or part of the property is not subject to VAT unless the recipient becomes the legal successor of the transferor. This allows for the possibility of VAT exemption based on the specific conditions set by national legislation. Further, it was clarified that a transfer of all or part of the assets, including a partial transfer of an enterprise, can be considered valid for VAT purposes. As long as the components transferred are sufficient to enable the enterprise to conduct independent economic activity, the VAT treatment is applicable.
Source: GVC
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