Sale and leaseback agreement could qualify as VAT invoice
In Raiffeisen Leasing (Case C-235/21) (29 September 2022) the CJEU held that a written contract relating to a finance lease could in principle be regarded as a VAT invoice despite not containing all the elements formally required in VAT law. This conclusion was subject to the qualification that the contract must contain all the information necessary for a tax authority to establish whether the substantive conditions for VAT recovery had been satisfied.
A company (RED) owned land and a residential building in Slovenia on the site of which it wanted to construct a new building. RED entered into a sale and leaseback transaction with the taxpayer (RL). This transaction was effected in two parts.
Under one agreement (concluded on 19 November 2007) RED was required to pay monthly lease instalments to RL. RL did not issue and invoice nor did it...
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Sale and leaseback agreement could qualify as VAT invoice
In Raiffeisen Leasing (Case C-235/21) (29 September 2022) the CJEU held that a written contract relating to a finance lease could in principle be regarded as a VAT invoice despite not containing all the elements formally required in VAT law. This conclusion was subject to the qualification that the contract must contain all the information necessary for a tax authority to establish whether the substantive conditions for VAT recovery had been satisfied.
A company (RED) owned land and a residential building in Slovenia on the site of which it wanted to construct a new building. RED entered into a sale and leaseback transaction with the taxpayer (RL). This transaction was effected in two parts.
Under one agreement (concluded on 19 November 2007) RED was required to pay monthly lease instalments to RL. RL did not issue and invoice nor did it...
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:
