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Comments on ECJ C-453/22: German tax authorities must reimburse excess VAT due to incorrect rate application

  • The EU Court of Justice has ruled that a farmer and forester, Michael Schütte, has the right to a refund of wrongly charged VAT, with interest, from the tax authorities.
  • Schütte bought wood from suppliers who charged the normal VAT rate, while he charged customers a reduced rate.
  • The suppliers were found to have also applied the reduced rate, leading to a correction of Schütte’s VAT deduction by the German tax authorities.
  • The suppliers refused to reimburse the excess VAT paid by Schütte and the tax authorities rejected his request for remission.
  • The EU court ruled that Schütte has a direct right to a refund and that the tax authorities are liable for default interest if the wrongly levied VAT is not refunded within a reasonable period.

Source Taxlive

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