- The VAT Committee found that transfer pricing adjustments can constitute consideration for a VAT-taxable supply if they correspond to real, identifiable intra-group services.
- Input VAT deduction may require additional evidence beyond invoices, such as activity reports, but authorities must act proportionately and cannot deny deduction solely because services seem unnecessary or unprofitable.
- The Committee highlighted that TNMM-based compensating adjustments are taxable when linked to actual services and that contractual, advance agreements can satisfy VAT’s subjective value requirement.
- Subsidiaries must prove the parent is an active economic operator, that services were actually supplied, and that these services were used for taxable activities.
- Open issues remain regarding the timing of the chargeable event and the application of partial deduction rules.
Source: circabc.europa.eu
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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