Partial Deduction of Input VAT on Property Supplies: TEAC Decision Confirms VAT Directive Principles

• VAT on supplies relating to a property used partially for economic activity is partially deductible
• Article 95 of the VAT Law allows partial deduction of input VAT on capital goods not exclusively used for business activity
• Auditors disallowed deduction of input VAT on supplies relating to premises used partially for business activity and as the taxable person’s home
• TEAC confirmed the Madrid TEAR’s view and accepted partial deduction of input VAT on certain supplies based on VAT Directive principles
• Courts and tribunals must interpret domestic legislation in accordance with EU law.

Source: taxand.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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