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CJEU ruling on personal liability for VAT payment from fraudulent invoices issued by employees

  • CJEU ruled that employees may be personally responsible to pay VAT indicated on fraudulently issued invoices
  • Case involved a company in Poland where an employee issued false invoices without the company’s knowledge
  • VAT Directive defines taxable person and states that VAT shall be payable by any person who enters VAT on an invoice
  • Polish law allows for joint and several liability for payment of VAT in certain circumstances
  • Polish Tax Authorities issued a decision holding the company liable for VAT on fraudulent invoices, which was challenged in court

Source: independent.com.mt

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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