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Which ECJ case referred to the ”Essential characteristics of VAT”?

ECJ case C-101/00 (Tulliasiamies and Siilin) referred in point 99 of the Judgment to the Essential Characterics of VAT

Point 99 of the Decision

The Court has held that among the essential characteristics of value added tax are the following features:

  • it applies generally to transactions relating to goods or services; it is proportional to the price charged by the taxable person in return for the goods and services which he has supplied;
  • it is charged at each stage of the production and distribution process, including that of retail sale, irrespective of the number of transactions which have previously taken place;
  • the amounts paid during the preceding stages of the process are deducted from the tax payable by a taxable person, with the result that the tax applies, at any given stage, only to the value added at that stage and the final burden of the tax rests ultimately on the consumer (see Joined Cases C-338/97, C-344/97 and C-390/97 Pelzl and Others [1999] ECR I-3319, paragraph 21 and the case-law cited).

Source ECJ C-101/00 (Tulliasiamies and Siilin) – A vehicle registration tax does not have the features of a VAT


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