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VAT groups and EU infraction proceedings

Peter Mason takes issue with the EC view that the 'legal personality' principle, that supplies cannot be made within the same legal entity, is trumped by the creation of a separate VAT personality in the form of a VAT group

A group
What is a group?

The dictionary identifies it as a ‘cluster crowd or throng; an assemblage either of persons or things collected without any regular form or arrangement’.
VAT groups however are a bit different.

Article 11 of the Principal VAT Directive 2006/112/EC 28 November 2006 (the ‘PVD’) states that:

‘Article 11
After consulting the advisory committee on value added tax (hereafter the ‘VAT Committee’) each Member State may regard as a single taxable person any persons established in the territory of that Member State who while legally independent are closely...

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