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EU Court Rules VAT Clawback Applies After Business Transfer and Exempt Lease

  • The EU General Court ruled in Case T-397/25 (A&P Deco) that Belgian VAT adjustment rules apply after a business transfer.
  • If a business is transferred as a going concern and the transferor then leases the immovable property to the transferee under a VAT-exempt lease, the transferor must still adjust previously deducted input VAT.
  • This clawback applies to VAT on the property’s acquisition, construction, renovation, or improvement.
  • The fact that the transferee continues using the premises for taxable activities does not remove the transferor’s adjustment obligation.

Source: news.bloombergtax.com

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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