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Comments on ECJ C-533/22 (Adient): Significance of ECJ ruling on VAT in international trade – key decision for businesses.

  • The Court of Justice of the European Union issued a ruling on VAT on international services on June 13, 2024
  • The ruling is important for companies operating in international business models and within capital groups in the EU
  • It clarifies that specific technical and human resources and their utilization are crucial for determining the place of service provision and tax liability
  • The ruling helps in avoiding double taxation and ensuring transparency and legal certainty in international transactions
  • The case involved two companies within the same group: Adient Germany and Adient Romania
  • The tax authority determined that services provided by Adient Romania to Adient Germany were subject to VAT in Romania
  • The CJEU ruled that belonging to the same group does not automatically mean having a fixed establishment for VAT purposes
  • The CJEU also stated that having a structure in another EU member state does not automatically imply the existence of a fixed establishment

Source: mddp.pl

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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