- If a buyer paid VAT that was not due and cannot recover it from the seller, they can apply for a refund directly from the tax office.
- The CJEU has ruled on this issue multiple times, confirming this process.
- This ruling applies to companies in Poland due to harmonized VAT regulations in the EU.
- A Romanian company was denied input tax deduction because it received an organized part of an enterprise as a contribution in kind, which is not subject to VAT.
- The company’s contractor was audited and found to have correctly paid VAT on the transfer of assets.
- The company appealed the decision, requesting reinstatement of the right to deduct VAT.
- The case was referred to the CJEU, which ruled that the company should have the right to deduct input tax since it cannot recover the VAT from the supplier.
Source: podatki.gazetaprawna.pl
See also
- Join the Linkedin Group on ECJ/CJEU/General Court VAT Cases, click HERE
- VATupdate.com – Your FREE source of information on ECJ VAT Cases
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