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Comments on ECJ Case C-442/22: Employee Must Pay VAT for Fake Invoices, But Only If Employer Exercised Due Diligence

  • A worker who uses their employer’s information to issue fake invoices is responsible for paying the VAT.
  • This applies if the employer exercised due diligence in controlling the issuance of invoices.
  • The European Court of Justice ruled that the worker is responsible for paying the VAT, not the employer.
  • The employer is not responsible if they acted in good faith and the tax authority knows the identity of the person who actually issued the invoice.
  • The worker who issued the fake invoice is responsible for paying the VAT.

Source: ksiegowosc.infor.pl

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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