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ECJ Clarifies VAT Liability for Incorrect Invoices to Nontaxable Consumers in Case C-794/23

  • ECJ issued a ruling on VAT obligations for incorrect invoicing to nontaxable consumers.
  • An Austrian playground operator applied the wrong VAT rate to admission fees.
  • The Austrian Tax Authority did not allow correction of the VAT rate for final consumers.
  • ECJ ruled that a taxable person is not automatically liable for incorrect VAT on invoices to nontaxable persons.
  • The term final consumers refers only to nontaxable persons without input VAT deduction rights.
  • National authorities can estimate VAT liability for incorrect invoicing if all facts are considered.
  • The ruling clarifies VAT invoicing errors and tax liability limits for final consumers.

Source: globalvatcompliance.com


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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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