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VATupdate Newsletter Week 6 2024

No charge

In a world where taxes seem as inevitable as the sunrise, even the most seemingly straightforward situations can lead to perplexing legal puzzles. Take, for instance, the case of a lawyer providing services free of charge. The question arises: are his services still subject to VAT?

Picture this: You lounge in your pyjamas all day, basking in the glory of doing absolutely nothing. Yet, the taxman comes knocking on your door, demanding a slice of your non-existent productivity. Sounds absurd? Welcome to the whimsical world of tax law.

The crux of the matter lies in the interpretation of VAT regulations. Is a free legal service akin to a ‘supplied service free of charge’ within the confines of Article 24(1) of the VAT Directive? This is a recent question raised to the ECJ.

In the case, the lawyer provides pro-bono services for the defendant, and when he wins the case, the court sentences that the lawyer is compensated for his fees. The question is if this means that the lawyer (thus) receives a compensation for his services?

In a world where doing nothing all day doesn’t exempt you from taxation, and where even acts of generosity can trigger a tax audit, one can’t help but marvel at the absurdity of it all. Perhaps it’s a reminder that when it comes to taxes, life is often stranger than fiction.

So, as we navigate the labyrinthine corridors of VAT, let’s not forget to appreciate the comedy of errors that often accompanies it. After all, in the grand comedy of life, even the taxman has a sense of humour…or so we hope.

If you have any comments, questions, or ideas that you want to share with us, please send us an email at [email protected] or leave a comment under the posts of this newsletter on LinkedIn.


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