The Court of Justice of the European Union has ruled that the national legislation on “shell companies” that precludes the right to deduct VAT is incompatible with EU VAT rules and the principle of VAT...
European Court of Justice
Qualification of VAT sales vouchers for potential abuses
The distinction between single-purpose vouchers (SPV) and multi-purpose vouchers (MPV) must be made when determining the VAT treatment of vouchers The location of the transaction for end consumers and the amount of VAT...
VAT and SIF Management Post-Brexit: Implications of CJEU Ruling and UK Legislation Review
Advocate General Kokott’s approach in the ‘Dutch pension fund’ cases compares special investment funds with EU UCITS law CJEU case law remains relevant post-Brexit for interpreting UK VAT legislation...
ECJ C-241/23 (P. sp. z o.o.) – Judgment – Taxable amount for contribution in kind of immovable property is issue value of shares
On May 8, 2024, the ECJ released the decision in the case C-241/23 (P. sp. z o.o.). Context: Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 73 – Supply of...
EU Court to Decide on VAT Exemption for Online Gambling: Kokott’s Opinion on Differentiation
European Court of Justice is considering a case regarding VAT exemption for online gambling Belgian company managing an online casino is seeking a refund of VAT paid on online games and betting The Belgian State argues...
EU Law on Accounting Errors and VAT Refunds: Payment of Interest Clarified by ECJ
EU law does not require a State to pay interest on VAT refunded to a taxable person if it is due to calculation errors by that person State is not liable to pay interest if VAT refund is partly due to errors in accounts...
Sweden Tax Agency Updates Guidance on VAT Treatment of Mortgage Sales Following ECJ Ruling
Swedish Tax Agency updated guidance on VAT treatment of mortgage sales Guidance explains recent ECJ judgment on ancillary services not sharing VAT exemption Sales through auction of pledged goods not considered...
VAT Treatment of Vouchers in a Supply Chain under Current Law (ECJ)
The European Court of Justice ruled on the interpretation of certain provisions of the VAT Directive regarding the taxation of vouchers in a supply chain The VAT treatment of vouchers issued after December 31, 2018 was...
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