The June newsletter covers the main developments in VAT at the European and national levels, with a special focus on recent case law, administrative guidelines, and binding rulings that directly impact companies’ tax operations.
Key Points
- CJEU and the principle of proportionality: Late payment interest on VAT is not punitive in nature if it serves a compensatory and preventive function.
- Corporate Restructuring: the transfer of businesses is only exempt from VAT if there is genuine continuity of the business and a single beneficiary.
- Intra-group Transactions: transfer pricing adjustments do not automatically constitute VAT-subject supplies if there is no direct link between the service and the consideration.
- Reduced VAT rate for certain activities: The Supreme Court limits its application to activities with a social purpose or linked to situations of vulnerability.
- Imports and customs: The importance of the valuation date and strict compliance with documentary requirements is reinforced.
- Financial services and POS terminals: fees for the provision and maintenance of POS terminals are not exempt from VAT.
- Notable rulings: criteria regarding deductions, corporate transactions, invoicing, international mediation, and transfers of economic units.
Access a detailed analysis of all rulings and their practical impact on your organization.