The ECJ issued a preliminary ruling (Case No. C-537/22) regarding Hungarian VAT deduction rules. The case involved a Hungarian wholesale business acquiring office supplies from a domestic company, with the Tax Authorities alleging fraudulent transactions. The Tax Agency refused the VAT deduction, citing VAT fraud. The ruling clarified that the Tax Authority can deny VAT deduction if there is a lack of diligence, must prove elements of VAT fraud, and taxpayers must exercise due care to avoid indirect participation in VAT fraud.
Source GlobalVATcompliance
See also
- ECJ C-537/22 (Global Ink Trade) – Judgment – Deduction of VAT in case of a missing additional evidence/fictitious transactions
- Summary of ECJ C-537/22 (Global Ink Trade): VAT Deduction, Primacy of EU Law and Taxpayer Obligations
- ECJ C-537/22 confirms that the principle of the primacy of EU law establishes that EU law takes precedence over the laws of Member States
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