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Can formalism undermine VAT neutrality? Spanish courts take step in right direction

  • Call for VAT Framework Reassessment: Fernando Matesanz emphasizes the need to rethink national VAT frameworks in light of two recent Spanish court rulings that support businesses’ rights to adjust VAT when transactions are altered, cancelled, or unpaid, reinforcing the EU principle of VAT neutrality.
  • Court Rulings on VAT Adjustments: The rulings challenge excessive formalism in Spanish VAT legislation, allowing businesses to correct VAT charges without the burdensome requirement of strict procedural compliance, such as certified delivery of corrective invoices, thus promoting a more reasonable approach aligned with EU laws.
  • Implications for Businesses and Tax Administration: The decisions highlight the necessity for reforms to simplify VAT adjustment processes, enabling businesses to avoid paying VAT on uncollected amounts, thereby fostering a fairer and more efficient tax system that reflects modern digital practices rather than outdated formalities.

Source International Tax Review


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