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ECJ ruling on interest for overpaid VAT refunds: Gemeente Dinkelland case clarification

  • ECJ clarified when businesses can start earning interest on VAT refunds delayed by tax authorities
  • Interest should be paid for the entire time during which the taxpayer was without funds levied in violation of EU law
  • Case of Gemeente Dinkelland involved a refund of VAT from Dutch Tax Administration
  • ECJ ruled that interest on the repayment did not start to accrue from the date when VAT was originally overpaid
  • EU law does not require payment of interest if refund is partly due to taxable person’s errors in deducting input VAT and partly due to retroactive changes in rules established

Source: grantthornton.nl

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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