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Comments on ECJ C-433/22: Landmark Ruling on Reduced VAT Rates for Building Renovation Services in Portugal

  • The European Court of Justice (ECJ) ruled on a case regarding reduced VAT rates for building renovation services in Portugal.
  • The case involved a Portugal-based commercial company providing services to buildings owned by three commercial entities.
  • The Tax Agency denied the application of the reduced VAT rate, arguing that it only applied to properties used for residential purposes at the time of the services.
  • The ECJ clarified that the EU Directive on VAT did not prohibit national legislation from implementing a reduced VAT rate for renovation and repair services, as long as the dwellings are currently occupied for residential purposes during the work.
  • The judgment emphasized that the actual use of a property for residential purposes is not affected by seasonal or specific periods of occupancy.
  • The ECJ stated that the temporary vacancy of a private dwelling does not change its classification as a private dwelling.

Source: globalvatcompliance.com

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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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