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The Incompatibility of Italian Law with Directive 2006/112/EC: Case Study on VAT Credit Loss

  • The Italian legislation on preclusion of VAT credit for shell companies is incompatible with Directive 2006/112/EC
  • Articles 9 and 167 of Directive 2006/112/EC do not allow denying VAT deduction rights based on transaction thresholds set by national regulations
  • The Court of Justice of the EU ruled on the case C-341/22 regarding Italian legislation on shell companies
  • The referral was made by the Court of Cassation
  • The case involves a shell company and the issue of VAT credit utilization

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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