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Tax Authority Will Not Reduce Repayment Claims by Suppliers’ Savings After ATP PensionService Ruling

  • The Danish Tax Agency (Skattestyrelsen) will not reduce purchasers’ VAT refund claims by suppliers’ savings, following the EU Court of Justice ruling in case C-464/12, ATP PensionService.
  • This applies to both companies using the simplified refund model and those not using it.
  • The ruling clarified that certain pension services should be VAT-exempt, contrary to previous Danish practice.
  • Refunds are only granted to purchasers to the extent they have suffered a loss, but supplier savings are not deducted unless passed on in the price.
  • Relevant legal references include the Danish Tax Administration Act, Limitation Act, and VAT Act.

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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