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Danske Bank upholds ‘reverse Skandia’: is EU VAT grouping a poisoned chalice?

Mark Agnew and Philippe Gamito (Baker McKenzie) examine the continuing viability of VAT groups in the light of a recent CJEU decision.

Danske Bank A/S and others v Skatteverket (Case C-812/19) is a significant judgment when it comes to looking at the pros and cons of VAT grouping in the EU particularly for insurance and financial services businesses. Numerous issues are likely to arise from the case starting from assessing the VAT liability of intra-entity supplies and any new reverse charge obligations determining input tax recovery and dealing with additional compliance.

We do not expect any impact for UK VAT grouping rules however given that post-Brexit CJEU judgments no longer have binding authority. Furthermore the UK government has recently confirmed that following last year’s call for evidence it will not be making any changes to the current UK VAT grouping regime. This...

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