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…...

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...

As Bulgaria was not a member of the European Union in 2004 when VAT became due on the transaction under review, the Court has no jurisdiction to answer. The subsequent possible adjustment of the input tax deduction, and therefore the adjustment of the output tax, is related to the original transaction, to the original chargeability…...

If VAT was originally paid by the seller and deducted by the buyer, but after 4 years it turned out that the transaction was exempt, it is up to the member state to determine the date on which the obligation to correct the input tax arises. Member States, however, must respect the principles of EU…...

An insured person purchases drugs and then a private insurer reimburses the cost to the insured person. In turn, the insurer, by law, gets partial compensation from the drug manufacturer. In this case the manufacturer is entitled to reduce the VAT taxable base accordingly…. This content is for Full Membership members only. Want to read...

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…...