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Tax Administration Revises Practice for Correcting Incorrectly Invoiced VAT and Refund Conditions

  • Skattestyrelsen has revised the practice for correcting incorrectly invoiced sales tax.
  • The revision considers section 52 a, subsection 7 of the VAT Act as a special rule for unjust enrichment when tax is wrongly invoiced.
  • To get a tax refund, only a credit note or new invoice is required.
  • Skattestyrelsen will not require the taxpayer to pass the refund to customers.
  • If the supplier claims expiration against the buyer but maintains a refund claim with Skattestyrelsen, the refund will be denied.
  • If issuing credit notes or new invoices is impossible, Skattestyrelsen will not require them.
  • The practice for refunding employees who wrongly acted as taxable persons remains unchanged.
  • Skattestyrelsen has revised its understanding of the application of section 52 a, subsection 7 of the VAT Act.
  • The section applies directly when tax is wrongly imposed and paid, and a refund is requested.
  • The revised understanding will not affect the handling of reopening requests.

Source: info.skat.dk

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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