Formal requirement for deduction of input VAT – European Court of Justice (ECJ) rectifies tax authorities
LBG-Summary: The ECJ had to decide, if an entrepreneur is entitled to claim deduction of input VAT even if the invoice does not meet all domestic formal requirements but he encloses all relevant documents that proof that the substantive requirements for the deduction of input VAT are met. The ECJ ruled, that tax authorities are not allowed to refuse the right to deduct input VAT when all the information that a taxable person has complied with substantive requirements is available, ergo not only the information on the invoice but also the additional information from the taxable person has to be taken into account.Despite this good news we highly recommend to comply exactly with all Austrian formal requirements for deduction of input VAT. If in a particular case tax authorities refuse the deduction of input VAT we will represent your rights in consideration of the existing case law of the ECJ.
Contact & Advice: Our experts at LBG will be pleased to advise you in your individual situation. Please contact our consultants either directly at LBG at our 30 locations in Austria (www.lbg.at) or email us welcome@lbg.at – we will connect you with the right expert at LBG who is very familiar with your concerns.
May 26, 2017 Leer publicación