Determining the customs value of goods is a challenge at the best of times – and even more so in the wake of a recent European Court of Justice decision jeopardising the practice of determining customs values on the basis of transfer prices. We have decided to hold a free webinar to help you tackle the inherent conflict.Read More »
Tag: ECJ
EU – TP adjustments and custom value – The impact of Hamamatsu Photonica Deutschland GmbH (C-529/16) under the Union Customs Code and what does it mean in detail
The Hamamatsu case, in essence concerns the question whether, in order to establish the customs value, it is allowed to use an agreed transaction value (with Customs), which consists of the amount (price) initially invoiced and declared at import, Read More »
Breaking news von Sandra Ragaz: Pharmaceutical rebates – opportunity for VAT savings
The ECJ AG in the case of Boehringer Ingelheim has been handed down on 11 July 2017 (please find he CJEU case C-462/16 here: Link).
In that regard we have excellent breaking news and a VAT saving opportunity on (mandatory) rebates that companies have to render for the supply of pharmaceuticals.Read More »
Germany: Ministry of Finance publishes a new Decree on VAT grouping and input VAT recovery for holdco’s
Please find attached a newsflash from our German colleagues regarding the new Decree on VAT grouping and input VAT recover for holdco’s:
The Decree will apply to VAT groups and holdcos from 31 December 2018, but local tax authorities have the authority to allow an earlier application with explicit reference to the Decree for all transactions performed (it is not allowed to single out transactions from the application). Read More »
PwC Webcast: ECJ’s judgment on Larentia + Minerva
For the many businesses which have been involved in negotiations with their tax authorities concerning VAT recovery by holding companies, the ECJ’s judgment in Larentia + Minerva mbH & Co. KG (C-108/14) will be eagerly awaited. The ECJ diary indicates that the judgment will be published on Thursday 16 July 2015. What will it mean for your business? Will you be in a position to benefit and need to protect your position on time limits?Read More »
E-books – ECJ rules reduced VAT rate is not applicable
The ECJ today delivered its long awaited judgments in the infringements procedures against France and Luxemburg for the application of the reduced VAT rates to e-books.
The court held that in line with VAT Directive and Implementing Regulation e-books qualify as electronically supplied services, in respect of which the reduced VAT rates cannot be applied.Read More »
Finland – Supreme Administrative Court decision on the VAT treatment of non-printed books after ECJ decision (K Oy – C-219/13)
2015 seems to start with book related VAT news in the EU. After the ECJ’s judgment in the K Oy case (C-219/13), the Finnish Supreme Administrative Court (“SAC”) delivered its ruling at the end of December. Read More »
ECJ referral – Advocate General’s opinion is issued on the VAT treatment of the storage of goods
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62012CC0155:EN:HTML
An ever recurring question of EU VAT is referred to the ECJ namely, whether the storage of goods is a service connected with immovable property, which should be subject to VAT where the warehouse is located (Art 47) or rather it is a regular service which should be taxed in accordance with the general rules (Art 44 of the VAT Directive). Read More »
European Court of Justice: Different treatment of issuers and recipients of VAT invoices is possible
In its recent judgment (LVK-56 EOOD v. Bulgaria, C-643/11 –
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0643:EN:HTML)
the ECJ held that in line with Article 203 of the VAT Directive suppliers must pay any VAT included in an invoice irrespective of whether there is an underlying taxable transaction.Read More »