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ECJ Scrutinizes Intra-Group Settlements: Key Transfer Pricing and VAT Issues Explored

  • Intra-group transactions involving VAT are under increased scrutiny by the ECJ.
  • Recent cases highlight the need to distinguish between direct tax (CIT) and indirect tax (VAT) regulations.
  • Transfer pricing has significant implications for tax treatment.
  • ECJis examining the alignment of the arm’s length principle with VAT rules.
  • Weatherford case confirms input VAT on services from related parties is deductible if used in taxable activities.
  • Arcomet case involves remuneration adjustments in leasing agreements and their VAT implications.
  • Högkullen case addresses VAT applicability on intra-group real estate transactions without remuneration.
  • Stellantis Portugal case examines transfer pricing adjustments’ impact on VAT taxable base.
  • Advocate General emphasizes separate analysis for CIT and VAT due to differing logics.
  • Businesses should reassess intra-group transactions considering current ECJ reviews.

Source: mddp.pl

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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