Missed Declaration Can't DQ VAT Deduction, EU Court Told

Law360 (May 21, 2021, 6:44 PM EDT) -- European Union states cannot bar taxpayers from deducting value-added tax from purchases just because they missed a deadline for declaring whether the purchase was a personal or business asset, an advocate general told the European Court of Justice.

Deducting input tax is vital to a value-added tax system, Advocate General Evgeni Tanchev said in an opinion Thursday in a pair of cases referred by the German Federal Fiscal Court. Depriving taxpayers of a deduction outside a statute of limitations is incompatible with European Union law, Tanchev said.

The two cases involved taxpayers who attempted to deduct the value-added input tax they had...

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