Oct 16

(15.00 – 16.00 CET)

 

OECD Tax Talks webcast

 

The OECD invites interested parties to join its experts from the Centre for Tax Policy and Administration for an update on a number of recent and upcoming developments in the OECD's international tax work a live webcast.

 

More information on the webcast van be found here

 

 

 

 

 

 

Oct 17

 

           

CJEU expected to deliver judgment in Case C-249/17, Ryanair (VAT – Input VAT in case of a potential takeover)

 

Question referred for a preliminary ruling:

1.     Can a future intention to provide management services to a takeover target, in the event that the takeover is successful, be sufficient to establish that the potential acquirer is engaged in economic activity for the purposes of Art. 4 of the Sixth VAT Directive so that VAT charged to the potential acquirer on goods or services provided for the purposes of seeking to progress the relevant acquisition can potentially be considered as VAT on an input to the intended economic activity of providing such management services; and

2.     Can there be a sufficient “direct and immediate link”, as identified as a requirement by the CJEU in Cibo2 , between professional services rendered in the context of such a potential takeover and output, being the potential provision of management to the acquisition target in the event that the takeover is successful, so as to permit a deduction to be made in respect of the VAT payable on those professional services?

 

More information on the opinion in this case as delivered on May 3, 2018 by Advocate General Kokott can be found here

 

 

 

 

 

 

Oct 18

 

CJEU expected to deliver judgment in Case C-153/17, Volkswagen Financial Services (VAT – Right to deduct input VAT on general overhead costs – Interpretation of Case C-93/98, Midland Bank)

 

Question referred for a preliminary ruling:

(1)   Where general overhead costs attributed to hire purchase transactions (which consist of exempt supplies of finance and taxable supplies of cars), have been incorporated only into the price of the taxable person’s exempt supplies of finance, does the taxable person have a right to deduct any of the input tax on those costs?

(2)   What is the proper interpretation of paragraph 31 of the judgment of 8 June 2000, Midland Bank (C‑93/98, EU:C:2000:300), and specifically the statement that overhead costs “are part of the taxable person’s general costs and are, as such, components of the price of an undertaking’s products”?

        In particular:

(a)   Should this passage be interpreted to mean that a Member State must always attribute some input tax to every supply in any special method adopted under Article 173(2)(c) of Directive [2006/112]?

(b)   Is this the case even if the factual circumstances are that the overhead costs are not incorporated in the price of taxable supplies made by the undertaking?

(3)   Does the fact that the overhead costs have been actually used, at least to some extent, in making taxable supplies of cars,

(a)   entail that some proportion of the input tax on those costs must be deductible?

(b)   Is this the case even if the factual circumstances are that overhead costs are not incorporated in the price of the taxable supplies of cars?

(4)   Can it be legitimate in principle to ignore the taxable supplies of cars (or their value) for the purposes of arriving at a special method under Article 173(2)(c) of Directive [2006/112]?

 

More information on the opinion in this case as delivered on May 3, 2018 by Advocate General Szpunar can be found here

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The schedule above merely contains a selection of events/important dates taking place during the week and should in no way be considered to be complete. It is very well possible that other important events take place during the week that were not included in the schedule above. It is your own responsibility to research other sources to review whether other important events take place that are not included in the schedule above.

 

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