News from Accountancy Europe - August 2018

Court of Justice of the EU - Rulings 

C‑140/17: VAT deductions on immovable property - 25 July 2018

The Second Chamber of the CJEU has ruled that the VAT Directive and the principle of the neutrality of VAT must be interpreted as not precluding a body governed by public law from being entitled to a right to adjustment of VAT deductions paid on immovable property acquired as capital goods in a situation where, at the time of the acquisition of those goods, first, they could, by their very nature, be used both for taxable activities and for non-taxable activities but were initially used for non-taxable activities. And second, that the public body had not expressly stated its intention to use those goods for a taxable activity but had also not excluded the possibility that they might be used for such a purpose, so long as it follows from an assessment of all the factual circumstances, which it is for the referring court to carry out, that the condition laid down by Article 168 of the VAT Directive, according to which the taxable person must have acted as a taxable person at the time when it made that acquisition, is satisfied.

Link: http://curia.europa.eu/juris/document/document.jsf?text=&docid=204396&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1

Join incoming Conference

Linked In

News from the Board

What Companies need to know to prepare for Brexit

The United Kingdom will leave the European Union (EU) at 11:00 pm of 29 March 2019...

Read more ...

News from IVA members

Federal Fiscal Court: Postal address on invoice permitted – no bad faith despite domicile address

In an invoice issued for the purpose of input VAT deduction, the supplier’s address is not required to be the place of his or her economic activity. This was decided by the German Federal Fiscal Court in two judgments of 21 June 2018 (V R 25/15 and V R 28/16). The German Federal Fiscal Court thus follows the EUCJ in the German rulings in Geissel and Butin – C-374/16 and C-375/16...

Read more ...

News from EC

News from Accountancy Europe September 2018

Luxembourg has adopted a new VAT grouping regime (article 11 of Directive 2006/112/EC refers). It replaces a previous regime which was restricted to entities only engaged in activities in the public interest...

Read more ...

Disclaimer:  The information contained in the present page is general and does not constitute legal advice. Before taking any decision or action on the above information you should take the appropriate professional advice.