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ECJ Ruling: Hungarian VAT Deduction Rules and Late Payment Interest Rights

  • ECJ issued a preliminary ruling on Hungarian input VAT deduction rules
  • Taxpayer was unable to deduct input tax due to payment requirements
  • Legislative amendment allowed deductions, but tax agency declined to pay interest on refunds
  • ECJ ruled that taxpayer can claim VAT refund and late payment interest for regulatory infringement
  • Taxpayer can make a second claim for interest related to same infringement of EU law
  • Taxpayer can make a second claim based on new case law if not known before
  • Each EU country can determine procedures for late payment interest claims.

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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