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Comments on ECJ Case T-773/25: Retroactive Correction of Invoices in Intra-Community Triangular Transactions

  • The case concerns whether missing “reverse charge” references in invoices for intra-Community triangular transactions can be corrected retroactively.
  • The Austrian tax office denied input tax deduction due to missing references and VAT identification issues, despite later invoice corrections.
  • The Federal Finance Court ruled that invoice corrections only have effect from the date of correction (ex nunc), not retroactively.
  • The Administrative Court referred questions to the ECJ about whether late invoice corrections can trigger the simplification rule and under what conditions.
  • The outcome will clarify if and how invoice deficiencies in triangular transactions can be remedied and recognized for VAT purposes.

Source: hub.kpmg.de

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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