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VAT and Corporate Finance Fees

Robert Fais, indirect tax specialist, Baker and McKenzie finds that the recent ECJ case of EDM should make Customs' current view of share transfers untenable

 
Robert Fais indirect tax specialist Baker and McKenzie finds that the recent ECJ case of EDM should make Customs' current view of share transfers untenable
 
One could be forgiven for thinking that only unacceptable VAT avoidance yielded increased VAT recovery. However a recent ECJ case (Empresa de Desenvolvimento Mineiro SGPS SA (EDM) C-77/01 [2004] All ER D 349 (Apr) has shown that there are times when this is merely the proper result of the EU VAT system.
Recovering input VAT
 
The VAT system recognises three types of input VAT...

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