VAT margin scheme – can you trust your supplier?

VAT margin scheme – can you trust your supplier?

In recent days, the General Court of the European Union (the “General Court”)1 ruled on whether a reseller’s good faith must be taken into account when applying the VAT margin scheme. The question was whether a taxable person may be denied the right to apply the scheme after purchasing goods from a supplier who applied the VAT margin scheme, if it subsequently turns out that the supplier was not entitled to do so. The answer is also relevant to businesses applying the VAT margin scheme in Poland.

Will the Stellantis judgment bring clarity across the EU on the VAT treatment of transfer pricing adjustments?

Will the Stellantis judgment bring clarity across the EU on the VAT treatment of transfer pricing adjustments?

The Court of Justice of the European Union has, for the first time, ruled in a case directly addressing the VAT implications of transfer pricing adjustments (Case C-603/24 Stellantis Portugal). This is a highly significant and controversial issue across the EU due to the absence of a harmonised approach among Member States.