The European Court of Justice ruled in Case T-363/25 that VAT deductions cannot be claimed on re-invoiced supplies when the underlying transaction structure is deemed fictitious. A Hungarian automotive parts trader was denied input VAT deduction on purchases from German suppliers re-invoiced through a domestic intermediary.
The ECJ ruled that VAT deductions cannot be claimed on re-invoiced supplies when the underlying transaction structure is deemed fictitious, even if invoices appear valid.
The ECJ ruled that VAT Directive 2006/112/EC must be interpreted as precluding input VAT deduction when supplies are re-invoiced through intermediaries without legitimate commercial substance.
Hungarian tax authorities deemed the invoice fictitious because goods were purchased from German suppliers but re-invoiced through a domestic intermediary solely under a cooperation agreement.
Organisations using intermediaries must ensure legitimate commercial substance exists in the transaction structure, not merely VAT claim structuring, to support input VAT deduction claims.
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VATabout · about 3 hours ago
Hungary’s National Tax and Customs Office has released the ViDA implementation document outlining mandatory e‑invoicing and real‑time VAT reporting. The reform requires all taxable persons to exchange invoices in the EN 16931 format, prohibits email distribution, and introduces an AOR reporting obligation within five days. The five‑corner model will be used for transmission, with service providers optional.
VatCalc · about 2 months ago
Hungary has raised its Intrastat reporting thresholds for EU intra‑community dispatches and arrivals effective 1 January 2026. The arrivals threshold rises to HUF 500 million and the dispatches threshold to HUF 200 million, while the statistical reporting thresholds remain unchanged. The electronic Intrastat form now requires detailed data such as goods description, commodity code, delivery terms, transport mode, destination and origin countries, weight or quantity, and invoice value, and since January 2022 also the country of origin for dispatches and the VAT ID of the recipient.
Bloomberg Tax · about 2 months ago
On December 23, 2025, Hungary enacted Decree No. 45/2025, setting new transfer‑pricing documentation thresholds. The decree requires local files for related‑party transactions above 150 million HUF and master files for those above 500 million HUF, while offering simplified documentation for low‑value services.
Bloomberg Tax · 1 day ago
The Norwegian Tax Administration issued Binding Advance Ruling No. 1/2026 on March 11, clarifying VAT invoicing timing rules for construction projects. The ruling addresses whether the contract sum can be invoiced to the developer upon delivery of the building and whether VAT can be deferred until that time. It applies to group companies and their parent and developer entities.
VatCalc · 1 day ago
The European Court of Justice issued three rulings on 12 March 2026 that clarified VAT deduction rights across the EU. The decisions confirmed that Spain can maintain its entertainment expense restrictions under Article 176, that late invoices do not preclude deductions if claimed within the limitation period, and that technical failures in electronic refund transmission cannot cancel refund claims. These rulings reinforce that VAT rights cannot be undermined by excessive formalism or administrative shortcomings.
International Tax Review · 2 days ago
The Court of Justice of the European Union, in Case C‑515/24, confirmed that Spain’s limitation on input VAT deduction for entertainment expenses is compatible with EU law. The ruling clarifies that the exclusion was maintained under Article 176 of the VAT Directive because it existed at the time of Spain’s accession to the EU, thereby strengthening the Spanish legislature’s position while leaving room for future disputes over expense classification.
