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BLP Revisited

 
 
Greg Sinfield Head of Indirect Tax at Lovells LLP discusses the implications of the ECJ's judgment in Skatteverket v AB SKF Case C-29/08
 
In Skatteverket v AB SKF the ECJ has produced a radical new analysis of the VAT treatment of sales of shares by a holding company which overturns the received wisdom about recovery of input VAT attributable to such transactions. The ECJ has considered the VAT status of holding companies and share transactions in the context of the right to deduct on a number of occasions. In SKF however the ECJ declined to follow the conventional approach typified by the Advocate-General's Opinion and in a thoughtful and detailed judgment produced a new possible VAT classification of sales...

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