Transfer Pricing Adjustments Affect VAT Only if They Alter Agreed Transaction Price Between Parties

• Transfer pricing adjustments are only relevant for VAT if they qualify as adjustments to the transaction price agreed between parties.
• The Advocate General (AG) advised the CJEU to clarify that such adjustments do not constitute taxable services for VAT purposes.
• The AG opined that these adjustments merely reconcile agreed transfer prices and allocate intra-group profits, not representing separate services.
• The AG emphasized that income tax rules should not determine VAT treatment; only the conditions of a taxable transaction matter.
• The case highlights the need for clear distinction between profit adjustments and taxable transactions for VAT purposes.

Source: kpmg.com

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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