The ECJ has held that the requirement to include the words “Reverse charge” on an invoice given to the ultimate recipient of the supply in a triangulation transaction is a strict requirement: Luxury Trust Automobil GmbH v Finanzamt Osterreich (Case C-247/21). In the absence of such wording, the intermediate supplier was not able to rely on the derogation for triangulation transactions, nor was it possible to retrospectively correct the invoices to do so, and in those circumstances the intermediate supplier was itself required to account for acquisition VAT.
Source Simmons & Simmons
See also
- ECJ C-247/21 (Luxury Trust Automobil) – Judgment – Mandatory Invoice requirements for triangulation which can not be corrected later
- Join the Linkedin Group on ECJ VAT Cases, click HERE
- Other ECJ Cases on Place of Supply of Intra-Community Acquisitions – ”Triangulation” (Art. 42)
- Join the Linkedin Group on ECJ VAT Cases, click HERE
- For an overview of ECJ cases per article of the EU VAT Directive, click HERE
Latest Posts in "European Union"
- EU Eyes Green VAT Reforms to Boost Donations and Circular Economy
- New EU Guidelines Clarify VAT and Union Status Rules for Boat Owners
- ECJ Rules on Spanish VAT Deduction Limits for Client Gifts
- Senator Calls for Zero VAT on Sunscreen Amid Skin Cancer Concerns
- Stellantis Case Update: Transfer Pricing Adjustments Not Always Subject to VAT
