The CJEU reaffirmed that substantive VAT exemption conditions prevail over formalities, with three 2025 judgments clarifying that missing Article 45a documents, incomplete export paperwork, or absent customs steps do not automatically deny exemptions if fraud is absent. The rulings reinforce fiscal neutrality and outline narrow exceptions where formal non‑compliance can defeat an exemption.
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Deloitte Luxembourg · 10 days ago
On 13 May 2024, the CJEU ruled that contractual price adjustments in intragroup transactions are not considered a supply of services for VAT purposes, meaning such adjustments fall outside the scope of VAT. The decision applies across the EU, including Portugal and Luxembourg, and underscores the need for case‑by‑case assessment of transfer pricing adjustments. The ruling does not change VAT rates or thresholds but clarifies the treatment of these adjustments.
Law360 · 15 days ago
The EU's top court ruled that intercompany pricing adjustments between the former General Motors unit and Stellantis do not alter VAT liability, meaning the Portuguese government should not have increased the VAT bill for Stellantis. The decision clarifies that such pricing shifts are not subject to VAT adjustments.
VatCalc · 23 days ago
EU finance ministers endorsed an amendment to Regulation (EU) No 904/2010 that will allow OLAF and EPPO to query Member State VAT systems, but the amendment restricts access to read‑only, case‑by‑case searches and bans bulk extraction or AI analysis. The measure is pending Parliament approval, likely in July 2026, and will be routed through VIES, CESOP and Eurofisc channels.
Global VAT Compliance · 23 days ago
The European Commission’s proposed EU bill would require member states to share VAT data with anti‑fraud agencies, but Spain has raised objections over data access provisions and inconsistencies. The proposal, introduced in November, seeks to strengthen cooperation against VAT fraud, which the Commission estimates costs the EU €90 billion annually. Spain plans amendments ahead of the upcoming EU finance ministers meeting.
SAFT Validator · about 1 month ago
The article examines the ownership of the SAF‑T compliance process across European organisations, outlining the roles of tax, finance, IT, and external advisers. It highlights the challenges of multi‑country mandates and proposes a three‑layer model—accountability, operational ownership, and execution—to streamline responsibilities. The piece also notes the expanding SAF‑T requirements, such as Bulgaria’s 2026 launch, and stresses the importance of clear ownership for accurate, timely filings.
e-Invoice.app · about 1 month ago
This guide explains how to design an e‑invoicing RFP that accommodates the growing number of mandates worldwide, highlighting the EU’s ViDA deadline of July 2030 for intra‑EU B2B e‑invoicing and outlining five compliance models. It offers practical steps for mapping mandates, drafting model‑specific questions, and evaluating vendors on regulatory adaptability, integration, and security.
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Key Takeaways
On 13 November 2025, the CJEU ruled that failure to provide the specific Article 45a documents does not automatically preclude the VAT exemption if substantive conditions are met; authorities must assess all evidence.
In the W. sp. z o.o. case (12 June 2025), the CJEU held that the export exemption applies if the export is proven, even if the correct export documents are missing, provided there is no fraud.
In Palmstråle (12 June 2025), the CJEU ruled that non‑compliance with formal customs steps does not defeat the re‑importation exemption under Article 143(1)(e) of the VAT Directive, absent fraud.
The CJEU identified two exceptions: (i) the failure prevents conclusive proof that substantive conditions are met, and (ii) the taxpayer intentionally participates in tax fraud.
Primary source
Read the full article at Baker McKenzieThis summary was published on VATfaqs.com on 25 February 2026. It relates to VAT developments in European Union. The original source is Baker McKenzie.
