The services of the investment fund for the bank under the sub-participation agreement are VAT exempt, as are the granting of loans, the Court of Justice of the European Union ruled. The ruling is favorable for the...
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New ECJ VAT case announced: C-606/22 Dyrektor Izby Administracji Skarbowej w Bydgoszczy vs. PL (details still to be released)
Date of the lodging of the application initiating proceedings 20/09/2022 Name of the parties Dyrektor Izby Administracji Skarbowej w Bydgoszczy Source of the question referred for a preliminary ruling Naczelny Sąd...
Comments on ECJ C-250/21: Financial services provided under a sub-participation agreement are exempt from VAT
ECJ, press release of October 6, 2022 on judgment C-250/21 of October 6, 2022 According to the Court, the granting of financing to the originator under a sub-participation agreement falls within the concept of granting...
Comments on ECJ C-293/21: Adjustment of deduction of input VAT of manufacturing capital goods if not used for taxable economic activities
According to the ECJ, a taxable person is obliged under Articles 184 to 187 of the VAT Directive to adjust the deduction of input VAT with regard to the acquisition of goods or services for the purpose of manufacturing...
Comments on ECJ C-250/21: The concept of ‘lending’ includes the services provided by a sub-participant under a sub-participation agreement
Schematically presented, investment fund A, according to the sub-participation agreement that the taxpayer in the main proceedings intends to conclude, pays bank B an amount in advance when that agreement is concluded...
Flashback on ECJ Cases C-58/04 (Köhler) – Cruise ships, meaning of ‘stop in a third territory’
On September 15, 2005, the ECJ issued its decision in the case C-58/04 (Köhler). Context: Sixth VAT Directive – Place of taxable transactions – Supplies of goods effected on board cruise ships – Transport effected...
Comments on ECJ C-98/21: No VAT deduction if a mixed holding company if such VAT is connected to the non-economic activity
In W GmbH Limited C-98/21, a case referred from Germany, a holding company sought to recover input tax on the cost of services which it paid for and then contributed to its subsidiaries as shareholder contributions. The...
Preliminary ruling procedure with reference to the late payment interest arising in connection with the delayed VAT refund
Regional Court of Szeged: preliminary ruling procedure with reference to the late payment interest arising in connection with the delayed VAT refund It was published in the official journals of the ECJ that the Regional...
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