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    International Tax Review
    January 7, 2026 (about 2 months ago)

    Beyond formalism: evidencing transport in intra‑Community supplies after Flo Veneer judgment

    Featured image for: Beyond formalism: evidencing transport in intra‑Community supplies after Flo Veneer judgment
    Croatia VAT News • International Tax Review

    Summary

    The CJEU’s Flo Veneer judgment (C‑639/24) clarifies that Article 45a of the EU VAT Implementing Regulation does not require a closed list of documents to prove intra‑Community transport. Tax authorities must consider all available evidence and cannot deny the exemption solely on missing standard documents. The ruling reinforces fiscal neutrality and will shape member‑state audit practices.

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    Key Facts

    • •CJEU ruling (Case C‑639/24, Flo Veneer) on 13 Nov 2025 clarifies that Article 45a of the EU VAT Implementing Regulation does not impose a closed list of documents for proving intra‑Community transport; other evidence is admissible.
    • •The judgment rejects the practice of denying the VAT exemption solely because the standard documents listed in Article 45a are missing, reaffirming that the exemption under Article 138 of the VAT Directive applies when cross‑border movement is proven by any means.
    • •Tax authorities must assess all available evidence of transport, not just the documents in Article 45a, to avoid artificially re‑classifying intra‑Community supplies as domestic and imposing VAT.
    • •The decision reinforces the principle of fiscal neutrality and protects suppliers and purchasers from unnecessary VAT charges and recovery difficulties.
    • •The ruling is expected to influence member‑state audit practices and reduce formalistic evidence requirements for intra‑Community supplies.
    Europe
    Croatia
    Compliance
    Exemptions
    Cross-Border
    Read Full Article at International Tax Review