Michaela Merz


Leave a comment

Italy – VAT deduction on pharmaceutical pay back amounts


Discounts reduced the VAT value of pharmaceutical supplies:
Boehringer Ingelheim Pharma GmbH & Co. KG (C-462/16). Decision available here.

The Taxpayer, a German manufacturer, supplies pharmaceutical products to pharmacies. Retrospective discounts linked to the value of those supplies are paid, not to the pharmacies but to private health insurers which reimburse the insured persons buying the products from the pharmacies. The ECJ held that the Taxpayer can adjust the VAT due on its supplies retrospectively, even though the insurer was not in the original chain of supply. This judgment may be significant, and  businesses may wish to consider protecting their position on adjusting VAT.

One question that may arise from this judgment is whether the fact that the discount in this case is a statutory discount restricts its scope. This might be one way that tax authorities could seek to narrow the scope of a favourable judgment. But this should not discourage suppliers in similar situations from considering protecting their position, as this is very positive and the ‘statutory’ aspect is only one consideration in a complex issue.

Please find information on how Italy will deal with the issue:
Newsalert – IVA e pay back farmaceutico (PwC, final 8 gennaio 2018)

 

 


Leave a comment

Italy – important changes


Introduction of the so called “European VAT group”

The Budget Law 2017 has introduced, in the Presidential Decree no. 633/1972, the new title V-bis which regulates the institute of the VAT group, effective from January 1, 2018, subject to prior consultation of the European VAT committee. Continue reading


Leave a comment

Italy – changes in the use of VAT warehouse as from 1 of April 2017


477118_web_r_by_barbel-jobst_pixelio-deWith effective date April 1st, 2017, significant changes will be introduced in relation to the use of the VAT warehouse and the way to account for VAT following the withdrawal of the goods.

In particular, art. 50-bis of Law Decree no. 331/1993 (the provision regulating VAT warehouse simplification in Italy) has been amended as follows: Continue reading


Leave a comment

Easy guide to your Italian business


734381_web_R_B_by_VauEm_pixelio.de
We offer this publication to all those people with entrepreneurial spirit who are interested in understanding the essentials of the Italian system, with the hope of contributing to the success of their business.

A growing number of companies, both small and large, consider the world to be their market of reference. One of the prerequisites to accomplish this aim is to know and interpret local rules and regulations. Continue reading


Leave a comment

Italy – Semplificazioni fiscali – details available how to avoid bank guarantee


PwC_PC_Italy_Venice_MB_001.jpgLegislative Decree no. 175/2014, so called “Semplificazioni fiscali” concerning tax simplification in connection with the VAT refund claims was introduced in 2014. When released, the rules concerning the simplification procedure were unclear, especially in the application for non-EU companies. Continue reading


1 Comment

Finland – Supreme Administrative Court decision on the VAT treatment of non-printed books after ECJ decision (K Oy – C-219/13)


PwC_Teetasse_EN2015 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. Continue reading