The document summarizes several judgments from the European Court of Justice related to indirect taxes:
1) A taxpayer has the right to deduct VAT on capital goods used for both free public use and paid services, as there is a direct link between the input and output transactions.
2) A transport company does not have the right to deduct import VAT paid on goods it transported but did not own, as the VAT was not incorporated into its costs.
3) A taxpayer can deduct VAT paid to a supplier later deemed non-existent, unless the taxpayer knew or should have known of VAT fraud, based on objective factors.
4) Airlines must pay VAT on purchased but unused tickets, as consideration was received for
You are allowed to import your automotive into FachesThumesnil, freed from tax charges, providing it's enclosed in your initial move which you've got closely-held and driven the automotive for over six months.
You are allowed to import your automotive into FachesThumesnil, freed from tax charges, providing it's enclosed in your initial move which you've got closely-held and driven the automotive for over six months.
You are allowed to import your automotive into FachesThumesnil, freed from tax charges, providing it’s enclosed in your initial move which you’ve got closely-held and driven the automotive for over six months. Your name should air the title papers of the automotive and it should even be insured in your name. Please remember that if you opt to sell your automotive inside one year chief you may have to be compelled to pay a obligation of St Martin’s Day and V-day VAT of the then current worth of your automotive.
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the provisions relating to clearance of imported and export goods which are in the custody of the Custodian.
This chapter provides information necessary to allow taxable persons to meet their compliance obligations in respect of tax return filing, payments of tax and obtaining VAT refunds.
The intention of the FTA is to automate these processes using information technology as much as possible. It should be noted that the VAT-specific compliance matters addressed in this chapter are closely linked to, and work in conjunction with, the more general powers of the FTA to administer, collect and enforce tax as laid out in Federal Law No 7 of 2017 on Tax Procedures.
All imported articles invite import taxes, even those having been previously exported (except special mention envisaged in the Tariff and Customs Code or another regulation). The entry form must be filled in at the Customs Office in the 30 days following the unloading of the last package, failing to do which amounts to an abandonment of the goods and ipso facto confiscation of the cargo.
During Export/Import Practice Management the following topics were covered.
Categories of International Documents; US Customs Import Document Requirements; Proforma and Commercial Invoices; Export Documents; AESDirect and Q&A.
For many the process of custom clearing goods can be a tough task to deal with. In this presentation, I have attempted to elicit in simple way the procedure involved in clearing imported goods, which is common for most of the industrial products. Since www.knowyoursteel.com focuses on steel, emphasis is given on steel imports.
Presentation by Marian Lemke, SIGMA, at the SIGMA regional conference on public procurement which took place in Beirut on 2-3 June 2015. Also available in Arabic and French.
You are allowed to import your automotive into FachesThumesnil, freed from tax charges, providing it’s enclosed in your initial move which you’ve got closely-held and driven the automotive for over six months. Your name should air the title papers of the automotive and it should even be insured in your name. Please remember that if you opt to sell your automotive inside one year chief you may have to be compelled to pay a obligation of St Martin’s Day and V-day VAT of the then current worth of your automotive.
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the provisions relating to clearance of imported and export goods which are in the custody of the Custodian.
This chapter provides information necessary to allow taxable persons to meet their compliance obligations in respect of tax return filing, payments of tax and obtaining VAT refunds.
The intention of the FTA is to automate these processes using information technology as much as possible. It should be noted that the VAT-specific compliance matters addressed in this chapter are closely linked to, and work in conjunction with, the more general powers of the FTA to administer, collect and enforce tax as laid out in Federal Law No 7 of 2017 on Tax Procedures.
All imported articles invite import taxes, even those having been previously exported (except special mention envisaged in the Tariff and Customs Code or another regulation). The entry form must be filled in at the Customs Office in the 30 days following the unloading of the last package, failing to do which amounts to an abandonment of the goods and ipso facto confiscation of the cargo.
During Export/Import Practice Management the following topics were covered.
Categories of International Documents; US Customs Import Document Requirements; Proforma and Commercial Invoices; Export Documents; AESDirect and Q&A.
For many the process of custom clearing goods can be a tough task to deal with. In this presentation, I have attempted to elicit in simple way the procedure involved in clearing imported goods, which is common for most of the industrial products. Since www.knowyoursteel.com focuses on steel, emphasis is given on steel imports.
Presentation by Marian Lemke, SIGMA, at the SIGMA regional conference on public procurement which took place in Beirut on 2-3 June 2015. Also available in Arabic and French.
The Council of Europe, founded in 1949, is the oldest organisation working for European integration with a particular emphasis on legal standards and protection of human rights, democratic development and the rule of law in Europe.
It is an international organisation with legal personality recognised under public international law that serves 800 million Europeans in 47 member states.
The Council of Europe's work has resulted in standards, charters and conventions to facilitate cooperation between European countries, and further integration.
Name: Council of Europe
Headquarters: Strasbourg, France
Website: http://www.coe.int
EuroCases is a unique multilingual legal informational service, providing online access to case law of the leading jurisdictions in Europe related to the application of European Union law. It was developed and it is being maintained and continuously updated by the leading Bulgarian legal information provider APIS Europe JSC.
The main advantage of the service lies in its cross-border nature – in cases where provisions of EU law should be applied, users can draw inspiration and ideas by using relevant case law of other jurisdictions, which is not offered by their national service providers.
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Selected judgments of the European Court of Justice in the field of indirect taxes
1. News Flash
May 31, 2016
Selected judgments of the
European Court of Justice in the
field of indirect taxes
2. News Flash I Accace Slovakia I Selected judgments of ECJ in the field of indirect taxes
Selected judgments of the European Court of Justice in the
field of indirect taxes
We would like to draw your attention to the most interesting verdicts of the European Court of Justice
(hereinafter also as „ECJ“) related to indirect taxes.
Right to deduct VAT despite free use
of capital goods
In the case C-126/14, the ECJ dealt with the
question whether input VAT can be deducted
from construction of recreational path which has
been provided for public use free of charge.
In this case the taxable person claimed
deduction of input VAT on goods and services
purchased for purposes of construction of
educational path which has been provided for
public use for free, however this taxable person
has planned to provide the visitors of the
educational path with paid services, such as
sale of food, drinks and souvenirs and entrance
fee for paid attraction and swimming pools.
The ECJ agreed on the entitlement to deduct
VAT. According to the ECJ, immediate use of
capital goods for free of charge does not
have any effect on the existence of a right to
deduct VAT. And this is because in this case,
there are no doubts about the direct and
immediate link between the input transactions
and output transactions for which a right to
deduct VAT arises or with the taxable person´s
economic activities as a whole.
The taxable person in this case is allowed to
deduct the input VAT incurred with acquisition or
production of certain capital goods for purpose
to perform economic activity that is connected
with rural and recreational tourism, which is on
one side used by the public free of charge, but
at the same time may be a means of carrying
out taxable transactions, and this if direct and
immediate link between input transactions
and one or more output transactions (from
which right to deduct VAT arises) or link with
the economic activity of the taxable person
can be proven.
Deduction of VAT on import
In the case C-187/14, the ECJ dealt also with
the question whether a transporter of goods
has a right to deduct import VAT on transported
goods which has to be paid by him/her, if he/she
is neither an importer nor owner of the goods,
and he/she has merely carried out the
transport and customs formalities as part of
his/her activity as a transporter of freight
subject to VAT.
In this case the ECJ did not allow the
deduction of VAT for the logistic company
which transported goods from Denmark to
Sweden for the customer. According to the ECJ
a right to deduct the input VAT arises only in the
case that cost of the input service is directly
incorporated either in the cost of particular
output transactions or in the costs for goods and
services supplied by the taxable person as part
of his economic activities.
Since the value of the transported goods is in
this situation not a part of the costs making up
the price invoiced by a transporter, the
conditions for VAT deduction are not met in this
present case.
A right to deduct input VAT from
transactions carried out by a non-
existent trader
In the case C-277/14 concerning a Polish
taxable person, the ECJ decided that the
taxable person has a right to deduct a VAT
which was paid for goods (diesel fuel in the
present case), and this despite the fact that
according to the national law the Tax Office has
regarded the supplier as a non-existent trader
and it is not possible to establish the identity of
the actual supplier of the goods.
The supplier was in this case a Polish company,
which has been registered at company register,
however in the light of criteria governed by the
Polish law was regarded as the non-existent
trader in the time of delivery of the fuel. The
finding that the company was a non-existent
trader was based on the overall evidence,
including the fact that the company was not
registered for VAT purposes, did not submit tax
returns, did not pay any taxes and was not
allowed to sell liquid fuels. Moreover, the
3. News Flash I Accace Slovakia I Selected judgments of ECJ in the field of indirect taxes
building designated in the company register as
being its corporate seat was in a dilapidated
state, making any economic activity impossible.
According to the ECJ the right to deduct the
VAT won´t arise, if on the basis of objective
factors and without requiring the recipient of
the invoice to carry out checks which are not
his responsibility, it will be proved that this
taxable person knew, or should have known that
the transaction was a part of a VAT fraud - this
is a matter for the referring court to determine.
In the present case, the invoices related to the
dispute transactions included inter alia quantity
and nature of the goods supplied, amount of the
due value added tax as well as the name of the
supplier, his tax identification number and
address of the company seat. Please note that
in the judgment of the ECJ is also stated, that in
the present case also other material conditions
for VAT deduction were met (as for example that
the taxable person used purchased goods, as
inputs, for his own taxed output transactions).
VAT in the case of purchased but not
used air tickets
In joined cases C-250/14 and C-289/14, the
ECJ dealt with the question related to the
taxable transaction and tax chargeability in
the case of purchased but not used air ticket.
The airline company Air France provides
domestic air passenger transport services which
according to the national law are subject to VAT.
In the case of sale of air tickets issued but not
used by their owners, Air France did not pay
back the sums (including VAT) to the
passengers and ceased paying to the Treasury
VAT on the sale of such tickets arguing that in
these cases it is only a contractual
compensation for harm suffered by the
company. The case concerned non-refundable
tickets which were no longer valid as a result of
customers being ‘no-shows’ at boarding, and,
also, invalid exchangeable tickets which were
not used during their period of validity.
The ECJ concluded that issued air tickets by
airline companies are subject to VAT and
this even in the case the tickets have not
been used by passengers and the latter are
unable to receive a refund. The ECJ stated
that the consideration for the price paid when
ticket was purchased consists of the
passenger´s right to use services of the airline
company at the scheduled time and at the
agreed place of boarding, and this regardless of
whether the passenger exercises that right or
not. The airline company fulfils the service by
enabling the passenger to benefit from those
services, i.e. the VAT paid when the air ticket
was purchased by a passenger who has not
used it becomes chargeable on receipt of
payment of the ticket price, whether by the
airline company itself, by a third party acting in
its name and on its behalf, or by a third party
acting in its own name but on behalf of the
airline company.
The ECJ stated that it is not possible to treat the
sum retained by the airline company as
compensation for possible harm suffered by
them as a result of a passenger’s ‘no-show’
which is not subject to VAT.
The ECJ judged also the circumstances
when the air tickets are sold in the name of
and on behalf of another person under the
terms of franchise agreement. Air France was
responsible for marketing and ticket
management on the routes operated as a
franchise by Brit Air. For the tickets sold but not
used as a result of purchaser ‘no-shows’ at the
time of boarding or the expiry of the validity of
the ticket, Air France paid to Brit Air the annual
lump sum compensation calculated as a
percentage of the annual turnover (including
VAT) received from the routes operated as a
franchise. Brit Air did not subject that sum to
VAT.
According to the ECJ the lump sum paid as
consideration for tickets which were not used by
the purchasers should be considered as taxable
transaction. The lump sum is the remuneration
received by Brit Air as consideration for tickets
which were issued by Air France on its behalf,
but which were not used by the purchasers.
There is therefore a direct link between the
performance of the services provided and the
remuneration received in that regard.
Disclaimer
Please note that our publications have been prepared for
general guidance on the matter and do not represent a
customized professional advice. Furthermore, because the
legislation is changing continuously, some of the information
may have been modified after the publication has been
released. Accace does not take any responsibility and is not
liable for any potential risks or damages caused by taking
actions based on the information provided herein.
4. News Flash I Accace Slovakia I Selected judgments of ECJ in the field of indirect taxes
About Accace
With more than 250 professionals and branches in 7 countries, Accace counts as one of the leading
outsourcing and consultancy services providers in Central and Eastern Europe. During past years,
while having more than 1400 international companies as customers, Accace set in motion its strategic
expansion outside CEE to become a provider with truly global reach.
Accace offices are located in Czech Republic, Hungary, Romania, Slovakia, Poland, Ukraine and
Germany. Locations in other European countries and globally are covered via Accace’s trusted partners
network.
More about us on www.accace.com
Contact
Katarína Balogová
Tax Manager
Katarina.Balogova@accace.com
Tel: +421 2 325 53 000