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Interest on excess VAT not due if debt from taxpayer errors: ECJ clarifies

  • The European Court of Justice ruled that taxpayers are entitled to interest on undue VAT payments if the payment is due to national legislation incompatible with EU law
  • The case involved a municipality seeking a refund of excess VAT due to changes in accounting rules and misclassification of activities
  • The Court stated that taxpayers have the right to reimbursement of taxes and losses incurred due to early payment, if the tax was collected in violation of EU law
  • The Court clarified that VAT collected without the right to deduction constitutes a collected amount
  • However, the tax can only be considered collected in violation of EU law if the initial calculation methods are incorrect

Source: eutekne.info

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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