- Input VAT deduction is not allowed for services that were not actually performed.
- This applies even if the invoice includes VAT and the supplier is liable for the tax.
- The recipient’s good or bad faith is irrelevant.
- Based on Section 12(1) and Section 11(14) of the Austrian VAT Act and a Supreme Administrative Court decision (18.08.2025, Ra 2023/13/0006).
Source: leitnerleitner.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.
Latest Posts in "Austria"
- Input Tax Deduction Denied for Property Likely Intended for Tax-Exempt Sale: Court Decision 2024
- Input VAT Deduction Allowed for Preparatory Activities Before Commencing Taxable Rental in Austria
- VAT Refund Process for Domestic VAT Groups: Individual Applications Required per EU Directive 2008/9/EC
- Comments on T-638/24: IC Acquisition also taxable in the event of wrongly charged VAT for exempt IC Supply
- EGC T-638/24 (D GmbH) – Judgment – VAT on Intra-Community Acquisitions Not Precluded by Errors














