- A German taxpayer purchased timber with a 19% VAT rate, but it was later discovered that a 7% rate should have been applied.
- The taxpayer paid back the tax arrears and requested a refund of the overpaid tax from the suppliers, but they refused.
- The taxpayer then turned to the tax authority for a refund with interest.
- The court ruled that if the supplier cannot refund the overpaid tax, then the taxpayer can claim it directly from the tax authority.
- However, suppliers cannot claim a tax refund as this would be an abuse of the principle of tax neutrality.
Source Pawel Mikula
See also
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