The Supreme Tax Court has referred a number of questions to the European Court of Justice in connection with the deduction of input tax on thermal power units where the supply did not take place and in connection with the adjustment of the deduction of input tax paid on a payment on account. The cases under review concerned supplies of good which did not take place due to fraud and the related adjustment of the input tax deduction. Continue reading
Tax & Legal
The Supreme Tax court has followed the ECJ in holding that the VAT-freedom of an intra-community delivery is dependent on the formal documentation requirements of the VAT Implementation Order, but is lost if the supplier knew of the customer’s intent to defraud.