VAT deduction for partial payment of credit: Cassation confirms inseparability of taxable base and tax

• The Court of Cassation ruled on the determination of the VAT taxable base in the case of partial payment of a credit by a professional in a bankruptcy procedure.
• The Court reaffirmed the principle of the inseparability of taxable base and VAT.
• In a specific case, a professional received a partial payment of their credit in a bankruptcy distribution, and the VAT was not yet liquidated.
• The professional requested a refund of the full VAT amount, but the tax agency only refunded 55% as they believed the remaining 45% had been recovered through the partial payment of the credit.
• The Court agreed with the tax agency’s decision and stated that the professional should not have requested a refund for the VAT portion already recovered through the partial payment of the credit.

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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