- In Poland, a gym owner in Bydgoszcz was denied a claim for a VAT adjustment by the tax authorities
- Advocate General Kokott argued that the taxable amount should be based on the consideration paid by the customer, excluding VAT
- The gym owner had a claim for a refund of tax levied in breach of EU law
- The tax authorities’ argument that refunding the VAT would unjustly enrich the gym owner was dismissed
- The tax authorities had provided no proof that the gym owner had passed on the burden of the additional VAT to its customers
Source: taxscape.deloitte.com
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Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.