- The right to deduct VAT on intra-EU acquisitions must be recognized even if the invoice is received years after the transaction, provided the taxpayer acts in good faith and within the statute of limitations.
- The EU Court of Justice (case C-521/24) ruled that substantial requirements (taxable person, VAT liability, goods used for taxable activities) are key, while formal requirements (accounting, invoicing, declaration) regulate the process.
- The Hungarian tax authority denied deduction due to late invoice receipt, but the Court emphasized that, under the principle of neutrality, VAT deduction cannot be denied if substantial requirements are met, even if some formalities are delayed.
- Tax authorities cannot impose additional conditions that would nullify the right to deduct VAT, except where formal violations prevent verification of the transaction.
Source: eutekne.info
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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