In ADSITS Balkan & Sea Properties v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto (and related appeal) (CJEU Case C-621/10) the Bulgarian tax authority considered that certain properties had been sold to a connected company at an inflated value. The company appealed and the case was referred to the CJEU for a ruling on the interpretation of Article 80(1) of Directive 2006/112/EC. The CJEU held that Article 80(1) ‘must be interpreted as meaning that the conditions of application it sets out are exhaustive and consequently that national legislation cannot on the basis of that provision provide that the taxable amount is to be the open market value of the transaction in cases other than those listed in that provision in particular where the taxable person has a full right of deduction of value added tax ...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
In ADSITS Balkan & Sea Properties v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto (and related appeal) (CJEU Case C-621/10) the Bulgarian tax authority considered that certain properties had been sold to a connected company at an inflated value. The company appealed and the case was referred to the CJEU for a ruling on the interpretation of Article 80(1) of Directive 2006/112/EC. The CJEU held that Article 80(1) ‘must be interpreted as meaning that the conditions of application it sets out are exhaustive and consequently that national legislation cannot on the basis of that provision provide that the taxable amount is to be the open market value of the transaction in cases other than those listed in that provision in particular where the taxable person has a full right of deduction of value added tax ...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
