If the winding-up proceedings have been terminated and the debtor has ceased to exist, with the result that the claim has been extinguished, the Member State may not refuse the creditor to adjust “in minus” the VAT due…. This content is for Full Membership members only. Want to read background, core of the problem, conclusion...

The lessor may adjust the tax base determined earlier in the final decisions of the tax authorities if the leasing contract is terminated. Also, if the law of the Member State does not provide for the possibility of an 'in minus’ adjustment for non-payment, but there is a high probability that the debt will not…...

A provision of national law which excludes an adjustment of output VAT „in minus” under bad debt relief on the grounds that the purchaser-debtor has ceased to be a taxable person is not admissible… This content is for Full Membership members only. Want to read background, core of the problem, conclusion and more? Sign up...

It is not contrary to the VAT Directive to require that the supplier inform the debtor about his intention to make a bad debt adjustment (recovery of VAT on account of the debt being uncollectible) as a condition for the effectiveness of such an adjustment…. This content is for Full Membership members only. Want to...

If the debts of the debtor in question have been reduced as a result of the arrangement procedure, the debtor is obliged to reduce the previously deducted tax and consequently to refund the VAT…. This content is for Full Membership members only. Want to read background, core of the problem, conclusion and more? Sign up...

If a Member State wishes to make an „in minus” adjustment as a result of „bad debt relief”, it may not make the adjustment conditional on the completion of insolvency proceedings, which may take 10 years…. This content is for Full Membership members only. Want to read background, core of the problem, conclusion and more?...

When a finance lease agreement has been entered into (where VAT is due „immediately” „on the whole”) and then the agreement is terminated and the leased item is returned, the lessor is entitled to reduce the amount of tax „in minus” because the agreement is terminated and payment will definitely not be made. This is…...

VAT liabilities may be written off in the context of an arrangement/ bankruptcy procedure if such procedure meets certain conditions…. This content is for Full Membership members only. Want to read background, core of the problem, conclusion and more? Sign up for free!Already a member? Log in here...