ECJ judgement on case C-184/23: internal transactions within VAT groupings are not subject to VAT

The European Court of Justice (ECJ) published its judgement on case C-184/23 (see CURIA – Documents (europa.eu))

The ECJ stated that “Article 2(1) and the second subparagraph of Article 4(4) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes [..] must be interpreted as meaning that services provided for consideration between persons belonging to the same group – formed by persons who, while legally independent, are closely bound to one another by financial, economic and organisational links – designated as a single taxable person by a Member State, are not subject to value added tax (VAT), even where the VAT due or paid by the recipient of those services cannot be subject to an input deduction.”

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