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Changes in VAT taxation of illegal energy or heat consumption may lead to tax disputes

  • The Supreme Administrative Court changed its position on the taxation of illegal energy or heat consumption for VAT
  • Decision based on the judgment of the CJEU in case C-677/21 Fluvius Antwerpen
  • The new position may lead to tax disputes between energy companies and tax authorities
  • Energy law distinguishes three forms of illegal consumption that may affect tax classification
  • Lack of tax law stability can lead to uncertainty for taxpayers
  • Issuing a general interpretation by the Minister of Finance may help avoid tax disputes on this issue

Source: mddp.pl

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.

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