Disregarding the previous rule for non-conformity with the VAT Directive, the Nantes Administrative Court of Appeal considered, on the basis of the provisions of the VAT Directive, that VAT could be deducted from the date of payment of the deposit if, on one hand, the goods that are the subject of the future supply are precisely identified and there is no uncertainty as to whether the supply will take place and if, on the other hand, the taxable person holds an invoice for the advance payment (CAA Nantes, 28 May 2021, No. 19NT03579, SAS Technitoit).
Source: KPMG
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