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ECJ Preliminary Ruling on Bulgarian VAT Rules: Implications for Taxpayers and Legislation

  • European Court of Justice issued a preliminary ruling on Bulgarian VAT rules
  • Ruling was for Case No. C-314/22 involving a Bulgarian company providing construction and facilities
  • Company was deregistered for VAT noncompliance by Bulgaria
  • Bulgarian National Revenue Agency denied application for set-off for unpaid VAT invoiced
  • ECJ interpreted Article 90 of EU Directive 2006/112/EC on VAT
  • ECJ found that Article 90 allows for limitation period for VAT refunds, but must start running from date a taxable person could assert the right
  • Taxable person has right to refund with interest from VAT reduction
  • Starting point for interest calculation is date taxable person asserts right to reduction in VAT return

Source: news.bloombergtax.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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