The Advocate General opinion in the Stellantis Portugal case highlights uncertainty over whether transfer pricing adjustments constitute separate supplies of services and thus trigger VAT. The article reviews recent ECJ cases, outlines the need for structured VAT reviews, and stresses the importance of documentation for multinationals, especially those in finance and insurance sectors.
The VATfaqs digest
Global VAT news, delivered Tuesday and Thursday. Free, curated from 50+ official sources, no spam.
No spam · Unsubscribe any time
The Portugal News · 17 days ago
Portugal has approved an amendment to clarify the application of the reduced 6% VAT rate to urban rehabilitation projects, regardless of an approved urban rehabilitation operation. The change, which is retroactive to 2008, will bring legal certainty to builders and developers and is expected to recover millions of euros in VAT.
International Tax Review · 30 days ago
Portugal’s new VAT grouping regime, effective from July 1 2026, introduces stricter eligibility criteria than other EU members, requiring a dominant entity to hold at least 75 % of share capital and 50 % of voting rights, and limiting participation to entities with a Portuguese head office that carry out deductible activities. The regime does not neutralise intra‑group supplies and may exclude financial and insurance groups with predominantly exempt activities.
Portugal Resident · about 1 month ago
Portugal's Social Democratic Party has proposed a legislative change that would retroactively apply a 6% VAT rate to urban rehabilitation works in designated Urban Rehabilitation Areas, regardless of whether an approved Urban Rehabilitation Operation exists. The measure would override the current tax authority interpretation that requires an approved operation, potentially allowing construction companies to challenge past assessments and recover overpaid VAT. If passed, the 6% rate would apply to projects carried out since 2008.
Meridian Global Services · about 2 months ago
The CJEU ruled that year‑end transfer‑pricing adjustments are not automatically considered VAT‑relevant unless they are directly linked to a specific supply. The decision clarifies that only adjustments that represent additional consideration for a particular taxable transaction trigger VAT adjustments, and businesses must assess the economic and contractual context of each adjustment to determine VAT exposure.
Bloomberg Tax · about 2 months ago
The Court of Justice of the European Union ruled on 13 May 2026 that transfer‑pricing adjustments do not automatically trigger VAT unless a direct link exists between an identifiable supply and the payment received. The decision clarifies that such adjustments may still be subject to VAT if they qualify as price adjustments affecting the taxable amount, and it requires companies to perform a case‑by‑case assessment of their intragroup agreements and documentation.
Bloomberg Law · about 2 months ago
The Court of Justice of the European Union ruled that a transfer pricing adjustment does not automatically trigger VAT unless a direct link exists between an identifiable supply and the payment received. The decision underscores the need for companies to assess each adjustment case‑by‑case, draft clear intragroup agreements, and maintain robust documentation to secure the intended VAT treatment.
Put your brand alongside trusted tax-tech intelligence across 150+ countries.
Key Takeaways
The opinion states that transfer pricing adjustments made by the Portuguese entity were not considered a separate supply of services, meaning they may not be subject to VAT if they merely adjust the pre-existing price of cars sold between group entities.
The article cites the Arcomet Towercranes case, the Högkullen case, and the UK case involving JPMorgan Chase Bank N.A.
They should implement a structured review process for VAT and transfer pricing, maintain contemporaneous documentation, and ensure intragroup transactions align with contractual agreements.
Multinationals operating in exempt sectors such as finance or insurance may suffer restricted VAT recovery on their costs.
Primary source
Read the full article at Bloomberg TaxThis summary was published on VATfaqs.com on 20 February 2026. It relates to VAT developments in Portugal. The original source is Bloomberg Tax.
