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Expenditure on public infrastructure: recent VAT and direct tax developments

The opinion of the AG in Iberdrola and Blackwell may have implications for certain taxpayers who incur expenditure on public infrastructure in the course of compliance with planning obligations, writes Tim Gummer (Ashurst).
 

Indirect tax development: the AG opinion in Iberdrola

In the course of constructing a holiday village in Bulgaria Iberdrola Inmobiliaria Real Estate Investments EOOD (Iberdrola) incurred input tax in respect of the costs of renovating municipal waste water infrastructure without which Iberdrola could not have operated its holiday villa letting business. The works themselves were carried out by a building contractor appointed by Iberdrola.

Iberdrola sought to recover the input tax incurred in respect of the expenditure on the renovation of the waste water infrastructure. Following proceedings heard before the Bulgarian Administrative Court the Supreme Administrative Court of the Republic of Bulgaria requested a preliminary ruling which resulted in the publication of...

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