VATupdate

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No deduction of input tax on crypto transactions with only EU customers

  • Court Ruling on Input VAT Deduction: The court ruled that a crypto platform (BV) cannot deduct input VAT for services provided to parties outside the EU if all its customers are located within the EU, leading to the upholding of additional VAT assessments for the years 2017 and 2018.
  • Nature of Services Provided: The court clarified that while the BV charges fees for cryptocurrency exchange transactions, it only acts as a recipient of services from Bittrex (a foreign crypto exchange) and not as a service provider to Bittrex or its users, as the primary benefit and transaction flow are directed towards its EU customers.
  • Rejection of Previous Case Precedents: The court dismissed the BV’s argument based on the First National Bank of Chicago judgment, stating that the circumstances of the current case are significantly different, reinforcing the conclusion that the BV lacks the right to deduct input VAT for services associated with non-EU customers.

Source Taxence



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