- Right to Reduce Taxable Amount: The Court of Justice of the European Union (CJEU) states that EU VAT law allows Member States to set a limitation period for claiming a VAT refund
- No Penalty for Diligent Taxpayers: This limitation period cannot penalize diligent taxpayers. The period should only start when the taxpayer was reasonably able to exercise their right to a reduction
- Conditions for Reduction: National authorities cannot require advanced invoice correction or informing debtors before claiming a reduction, if the taxpayer cannot do so in good time and through no fault of their own
- Right to Refund and Interest: A reduction in taxable amount leads to a VAT refund with default interest [4: [invalid URL removed]].
- Default Interest Calculation: If Member State rules lack specifics on calculating interest, it starts from the date the taxpayer exercises their right to a reduction in the relevant tax return period
Source BTW jurisprudentie
See also
- Join the Linkedin Group on ECJ VAT Cases, click HERE
- VATupdate.com – Your FREE source of information on ECJ VAT Cases
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