The Advocate‑General has clarified that transfer‑pricing (TP) adjustments made for direct tax purposes do not attract VAT, but TP adjustments that are contractually agreed within intra‑group supplies of goods are within the scope of VAT. In the Stellantis Portugal case (C‑603/24), the Portuguese tax authorities imposed VAT assessments on Stellantis Portugal for TP adjustments, and the Advocate‑General advised the European Court that such adjustments should be treated as price adjustments for vehicles. Businesses are urged to review their TP policies and implement VAT considerations in their ERP systems.
The Advocate‑General advised that TP adjustments made by tax authorities for direct tax purposes do not attract VAT, but that TP adjustments that are contractually agreed within intra‑group supplies of goods fall within the scope of VAT.
The case is C‑603/24, and the Advocate‑General has advised the European Court that TP adjustments made by tax authorities for direct tax purposes do not attract VAT, but that TP adjustments that are contractually agreed within intra‑group supplies of goods fall within the scope of VAT.
They imposed VAT assessments on Stellantis Portugal for the TP adjustments.
Businesses should analyze the VAT aspects of their group’s TP policies and implement these considerations in their ERP systems.
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Meijburg · about 2 hours ago
The Advocate General’s opinion in the Stellantis Portugal case (C‑603/24) clarifies that transfer pricing adjustments between group companies are to be treated as adjustments to the original prices of earlier sales, not as separate repair services. Consequently, corrective invoices must be issued and the VAT taxable base of those earlier supplies must be adjusted. The final CJEU judgment is expected later in 2026.
The Portugal News · about 13 hours ago
Portugal’s government has proposed a 6% VAT rate on construction and rehabilitation works for primary residences, targeting urban development projects initiated between September 2025 and December 2029. The measure applies to sales under €648,022 and rentals under €2,300/month, with specific timing and lease conditions, and includes amended reverse‑charge rules and potential VAT refunds for individuals.
Bloomberg Tax · 1 day ago
An Advocate General for the European Court of Justice has opined that transfer price adjustments made by Stellantis Portugal to dealership sales are not subject to VAT, as they are considered alien to VAT law. The opinion, issued Thursday, is not binding on the court, and the ECJ decision remains unscheduled. The case centers on Stellantis's retroactive price adjustments to ensure a basic profit margin for local dealerships.
International Tax Review · 5 days ago
The article outlines how corporate income tax (CIT) and VAT planning, vehicle selection, and structuring choices can materially affect returns on Portuguese real estate investments. It highlights Portugal’s progressive CIT rate reduction, the special tax regime for SICs, and the conditions under which VAT exemptions can be waived to enable VAT recovery while preserving CIT benefits.
Pikon · 8 days ago
Portugal has extended its mandatory B2G e‑invoicing regime to all business sizes, with key deadlines moving into 2026 and 2027. The new rules require QR codes, ATCUD codes, and eventually Qualified Electronic Signatures (QES) for electronic invoices, while the eSPAP platform remains the official submission channel. SAP ECC and S/4HANA users must adopt the eDocument Cockpit and integration flows to remain compliant.
LinkedIn · 10 days ago
The Portuguese Tax Authority (AT) has clarified the rules for input VAT deduction on electric and plug‑in hybrid vehicles in Oficio Circulado n.º 25088. Key points include VAT liability on private use, non‑deductibility of maintenance expenses, and a 50% deduction for bi‑fuel vehicles. These changes affect how companies account for vehicle-related VAT and may require procedural adjustments.
