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ECJ Decision: VAT Exemption Only with Known Recipient Identity and Delivery Documentation

  • ECJ ruled that VAT exemption for intra-Community supplies is only allowed if the identity of the recipient is known
  • Case involved B2 Energy making deliveries of rapeseed oil to Poland in 2015
  • Tax office found B2 Energy did not provide enough evidence to qualify for VAT exemption
  • ECJ stated that failure to meet formal requirements can result in loss of VAT exemption
  • Tax authorities must consider all information available to determine if goods were actually supplied to another Member State

Source: blogs.pwc.de

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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