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Pre-2008 excesses not transferable to group VAT, even post-litigation credit regeneration.

  • Recent response from the Revenue Agency addresses the management of VAT credits accrued before joining the VAT group
  • Credits cannot be offset within the group, as per the law in force since 2008
  • The purpose of the VAT group is to prevent financial disadvantages for companies under common control
  • The rule prevents abuse of the VAT group system by acquiring companies solely for the purpose of offsetting credits and debts within the group
  • VAT credits existing before joining the group remain exclusively available to the company where they were accrued
  • Uncertainty remains in some cases regarding the application of this rule, as seen in a specific case addressed by the Revenue Agency

Source: eutekne.info

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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