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© 2026 VATfaqs.com - Global VAT News

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    Global VAT Compliance
    January 16, 2026 (about 1 month ago)

    ECJ ruling on intra-Community VAT evidence

    Featured image for: ECJ ruling on intra-Community VAT evidence
    Croatia VAT News • Global VAT Compliance

    Summary

    The European Court of Justice ruled that Croatian VAT authorities cannot deny intra‑Community supply exemptions solely because a trader has not supplied the specific evidence required under Article 45a of Implementing Regulation No 282/2011. The court requires a full assessment of all evidence to determine whether goods were dispatched or transported between Member States. Businesses can still claim the exemption if alternative evidence demonstrates transport between Croatia and Slovenia.

    Key Insights

    What did the ECJ rule regarding the requirement of Article 45a evidence for intra‑Community VAT exemptions?

    The ECJ ruled that a VAT exemption cannot be denied solely because the taxpayer has not provided the specific evidence required under Article 45a of Implementing Regulation No 282/2011.

    How must Croatian tax authorities assess intra‑Community supplies after the ruling?

    They must carry out an overall assessment of all evidence, not just the Article 45a documentation, to determine if goods were dispatched or transported between Member States.

    Can a VAT exemption still be granted if Article 45a evidence is incomplete?

    Yes, if alternative evidence demonstrates transport between Member States, the exemption may still be available.

    Europe
    Croatia
    Court Rulings
    Cross-Border
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