The VATfaqs digest
Global VAT news, delivered Tuesday and Thursday. Free, curated from 50+ official sources, no spam.
No spam · Unsubscribe any time
The UK Supreme Court ruled on 15 January 2026 that VAT on professional costs incurred in connection with a VAT‑exempt share disposal is not recoverable, rejecting any general fundraising exception. The decision applies to corporate groups where the parent provides taxable management services to a subsidiary, confirming that share sales remain within the scope of VAT but exempt, and that VAT grouping does not alter this treatment. Taxpayers must therefore plan for non‑recoverable transaction costs when restructuring or disposing of subsidiaries.
An Advocate General for the European Court of Justice has opined that transfer price adjustments made by Stellantis Portugal to dealership sales are not subject to VAT, as they are considered alien to VAT law. The opinion, issued Thursday, is not binding on the court, and the ECJ decision remains unscheduled. The case centers on Stellantis's retroactive price adjustments to ensure a basic profit margin for local dealerships.
Global e-Invoicing Requirements Tracker
Advocate General Kokott’s Opinion C‑603/24 clarifies how intra‑group transfer price adjustments interact with VAT. The opinion states that such adjustments are not automatically a separate VAT supply, but may alter the taxable amount under Articles 73 and 90 of the VAT Directive if they reflect a variable purchase price agreed upfront. Only when an actual service for consideration exists is a separate supply considered.
The European Parliament’s ViDA package introduces mandatory e‑invoicing and near real‑time digital reporting for cross‑border EU transactions from 1 July 2030, requiring the EU electronic invoicing format. Businesses must report transaction data within 10 days of the taxable event, and member states may extend domestic e‑invoicing to before, on, or after that date with transitional periods up to 2035. The initiative aims to harmonise VAT rules, reduce fraud, and lower compliance costs across the EU.
Germany introduces Section 21b to the VAT Act from 1 January 2026, addressing import VAT treatment when customs declarations are filed in one EU Member State but goods are cleared in another. The new rules clarify that import VAT liability arises domestically when goods are presented domestically, with specific provisions for AEO C holders using centralised clearance.
From 1 January 2026, the Netherlands extends its VAT revision regime to costly real estate services exceeding €30,000. The new rules introduce a five-year revision period for qualifying renovation and improvement services, requiring real estate owners and developers to reassess VAT positioning on ongoing projects.
The German Federal Fiscal Court ruled in July 2025 that input VAT on renovation costs for a historic castle is deductible when the property is intended for taxable rental activities, regardless of whether the renovation was financed through grants or donations. The ruling confirms that profitability is not required for taxable person status.
The article argues that structured e-invoicing is essential for real-time compliance, contrasting it with static PDF invoices that are likened to paper maps. It highlights the limitations of PDFs in modern tax and audit contexts and stresses the need for machine‑enforceable, globally standardised data objects. The piece serves as a commentary on the evolving expectations of tax authorities and the strategic importance of real‑time visibility for CFOs.
The article discusses how adopting Article 59 bis of Directive 2006/112/EC would allow Spain to exclude from VAT the portion of charter fees earned in international waters, aligning its rules with France and Italy. Currently Spain applies a flat 21 % VAT to all charter fees regardless of itinerary. The author highlights the feasibility of implementing this measure using satellite geolocation for accurate itinerary certification.
This article discusses the importance of reviewing source documents for VAT compliance, highlighting common issues uncovered such as incorrect VAT treatment, missing invoice details, and data quality problems. It recommends a sampling approach of 10‑15 invoices per period and emphasizes the need to document findings and act on insights to improve processes.
Baker Tilly outlines the key filing and payment deadlines for Dutch VAT returns in 2026, including special rules for months that fall on weekends, annual returns for small income‑tax entrepreneurs, and new requirements for supplementary returns and foreign VAT refunds. The article also highlights 2026 changes such as the abolition of the low lodging rate and new review periods for large real‑estate investments.
The EU has abolished the VAT de‑minimis rule, making VAT applicable to all commercial goods. Starting 1 July 2026, a €3 fixed duty per product type will apply to low‑value e‑commerce consignments, with a separate handling fee expected from late 2026 and the €150 duty‑free threshold slated to disappear by mid‑2028. Member states such as Romania have already introduced €5 logistics fees from 1 January 2026.
The article outlines how corporate income tax (CIT) and VAT planning, vehicle selection, and structuring choices can materially affect returns on Portuguese real estate investments. It highlights Portugal’s progressive CIT rate reduction, the special tax regime for SICs, and the conditions under which VAT exemptions can be waived to enable VAT recovery while preserving CIT benefits.
The EU General Court clarified that simplified triangulation can be used in four-party supply chains if the third party has disposal power, even when goods are delivered to a fourth party. Dutch policy confirms this but adds an establishment requirement for party C, which may be overridden by the EU VAT Directive. The ruling also allows Member States to refuse the scheme in cases of VAT fraud.
KPMG Canada outlines new GST/HST and QST obligations for employers and pension plans. Employers offering registered pension plans must remit by January 31, 2026, while pension entities and master pension entities must file annual returns by June 30, 2026. The guidance also advises reviewing SLFI status and claiming eligible rebates.
EY Luxembourg outlines strategies for managing VAT exposure in intragroup transactions, emphasizing the importance of proper documentation, transfer pricing alignment, and compliance with reverse-charge mechanisms. The article serves as a practical guide for multinational entities operating within the EU to reduce audit risk and ensure correct VAT treatment across group entities.
Bloomberg Tax argues that digital services taxes (DSTs) are ineffective and distort the digital economy, citing low revenue and compliance burdens. The article highlights that several countries—including Canada, India, Malaysia, and France—have moved away from DSTs or are considering alternatives, and it advocates shifting to a VAT framework for digital services.
The European Union’s data supervisor cautions that the EU’s intensified crackdown on VAT fraud could blur the line between data cooperation and law enforcement, potentially undermining data protection. The warning highlights concerns about the balance between anti‑fraud measures and privacy safeguards.
Poland’s 2026 tax landscape focuses on digital compliance, with mandatory e‑invoicing via the National e‑Invoicing System (KSeF) and new corporate income tax reporting in JPK_CIT format. The year also sees expanded withholding tax exemptions for foreign investment funds and a temporary 30% corporate tax rate for banks.
Fabian Barth examines how HMRC’s positions on input tax deduction have varied across cases, citing Royal Opera House, Hotel La Tour, and Littlewoods. He highlights contradictory stances on LVCR trade in the Channel Islands, underscoring the complexity of VAT compliance. The post emphasizes that court rulings and precedent shape the practical application of VAT rules.