News, analyses, publications
C‑475/23. - Voestalpine Giesserei Linz GmbH | The value-added tax related to the acquisition of assets provided free of charge to the subcontractor can also be deducted if the subcontractor uses the asset to the extent necessary for the economic activity of the company providing the asset. The [...]
Enterprises with fiscal years following the calendar years may submit their application to the national tax authority between the 1st and the 20th of November if they wish to benefit from the group taxation for corporate income tax purposes from the next fiscal year. This 20-day period is [...]
The European Court of Justice (CJEU) in the Hungarian-related case C-248/23 Novo Nordisk A/S has ruled that the statutory payment made by medicine distributors under the medicine-distribution act, commonly known as the ‘medicine tax’, qualifies as a discount for VAT purposes resulting in the reduction of the taxable [...]
C‑243/23. Drebers | For the purposes of the capital goods scheme, the adjustment period of the immovable property is also applicable for construction works covering the full renovation and alteration of a building provided that the useful economic life of the result of the renovation works is as [...]
C 639/22–C 644/22. – Stichting BPL Pensioen | Based on the judgement given by the ECJ on the 5th of September, it may not be excluded that the asset management activity of the employer’s pension funds qualifies as a VAT-exempt portfolio management. In the background case, employer’s pension funds, [...]
C‑83/23. – H GmbH | The incorrectly charged and remitted VAT may not be reclaimed by the customer directly from the tax authority if the supplier had this VAT refunded during an insolvency procedure. The plaintiff in the background case is a German business dealing with rental of [...]
C‑184/23. – Finanzamt T vs. S | The ECJ has confirmed that the transactions within a VAT group are not taxable even if the recipient of the services would not be entitled to recover the input VAT. The plaintiff in the case is a German foundation governed by [...]
C‑182/23. – Makowit | It is decisive in the VAT treatment of indemnity paid on expropriation whether the property was utilised for business purposes. The plaintiff in this case is J. S. who has carried out breeding of dairy cattle and purchased meadows from non-taxable persons to expand [...]
Domestic taxable entities can reclaim VAT charged in EU Member States and six non-EU countries this year, subject to specific conditions. To facilitate these claims, refund applications must be electronically submitted to the Hungarian Tax Authority by completing the ELEKAFA form no later than September 30 following the [...]
C-533/22 – Adient | The plaintiff in the case is Adient Ltd & Co. KG (Adient DE), headquartered in Germany, and a global supplier to automotive manufacturers. Adient DE entered into a service contract with its group company in Romania (Adient RO). Adient RO undertook the sewing of [...]
As the deadline for corporate tax returns approaches (along with the requirement for detailed reporting on related-party transactions), and there may be a need to adjust the applied transfer prices, it is worth considering whether such adjustments also have VAT implications. At first glance, one might raise an [...]
Starting from December 31, 2023, in addition to the corporate tax base relief applicable for direct costs of basic research, applied research, and experimental development carried out within its scope of activities, a new R&D tax incentive is available. With this incentive, the calculated corporate tax can be [...]