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Comments on ECJ C-184/23: VAT group and neutrality of turnover within the group – is this (finally) the end of doubts?

  • The judgment of the CJEU in case C-184/23 addresses VAT groups, with the German Federal Finance Court seeking clarification on the interpretation of the Sixth Directive.
  • The CJEU confirmed that supplies for consideration between entities belonging to the same VAT group are not subject to VAT, as a VAT group is treated as a single taxable person.
  • The judgment also addressed concerns about potential tax losses and abuse of law within VAT groups, stating that the mere creation of a group does not automatically generate such risks, but extreme cases of clearly artificial structures could be considered abuse of law.

Source MDDP

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