Details

  • Service: Tax
  • Type: Business and industry issue
  • Date: 6/11/2012

The ECJ: The VAT base is not the open market value in all related party transactions 

In its judgment of 26 April 2012 on joined cases C-621/10 and C-129/11, Balkan and Sea Properties and Provadinvest, the Court of Justice of the European Union (ECJ) ruled that for VAT purposes Member States could fix the tax base of supplies between related parties to the open market value only in the specific cases in which either the supplier or the recipient do not enjoy the right to full input VAT deduction.
 

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