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Lidl & Companhia v Fazenda Pública

Factors to be included in taxable amount

In Lidl & Companhia v Fazenda Pública (ECJ Case C-106/10) the ECJ held that a vehicle tax (imposto sobre veículos) fell within Article 78(a) of Directive 2006/112/EC and therefore had to be included in the ‘taxable amount’ for VAT purposes.

Why it matters: Article 78 of Directive 2006/112/EC provides that ‘taxes duties levies and charges’ shall be included in the ‘taxable amount’.

The ECJ held that this included the Portuguese ‘imposto sobre veículos’.

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