CHEP Equipment Pooling case: Transfer of goods is not an intra-Community supply and refusal of a VAT refund due to lack of VAT registration is unjustified

When operators trade internationally, they may move goods from one EU Member State to another. Such a movement may result in a deemed intra-Community supply in the EU Member State of departure and a deemed intra-Community acquisition in the EU Member State of destination. This situation occurred in the CHEP Equipment Pooling case, where the European Court of Justice (ECJ) ruled (C-242/19) that the transfer of goods in that case did not qualify as an intra-Community supply and that a refund of VAT cannot be refused because the taxable person is not identified for VAT purposes in the EU Member State where a refund was requested.

Source: BDO

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