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Latest Austrian Court Decision About The Possibility To Amend Invoices

Austrian Jurisdiction: The Austrian Administrative Court (VwGH) confirmed that it is possible to amend invoices which are incorrect with respect to formal demands ex tunc under certain conditions.

In the main proceedings an invoice was issued in 2008. The VAT number of the supplier was not shown on the invoice as it was issued after invoicing.

The invoice was corrected in 2011 after the VAT number was issued. The corrected invoice was entitled „Correction“and also the signature of the supplier, the date of the correction and the VAT number were shown. The VAT number was valid from December 10th, 2008 until August 8th, 2009. The recipient deducted input tax in the business year 2008/2009.

The tax office refused the input tax deduction in 2008/2009.

The VwGH referred to the ECJ-judgement C-518/14, Senatex as a similar case and therefore accepted the deduction of input VAT ex tunc.

 

More information concerning VAT Law in Austria

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September 2017 – Directors’ Luxembourg VAT status and its implications

The Luxembourg VAT authorities released last year a Circular (n° 781 – 30 September 2016) confirming the VAT status of directors. Until this Circular, no specific guidance had been issued and the question whether directors’ fees were subject to VAT or not gave rise to discussion. The rules have been applicable since 1 January 2017.
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French-German interchange of ideas

At the end of January 2015 the French and German member firms of the Tax Representative Alliance (TRA), LRF and WW+KN, did an interchange of ideas in Paris. Both offices discussed the development of the cross-border cooperation and how to create new services for both clients. “It is one of the strength of TRA that we are able to create new client services over borders”, LRF partner Corinne Maure said.
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Polish TRA memberfirm at Brussel Tax Forum 2013

The Brussels Tax Forum 2013 has been held on November the 18th 2013. The Forum, hosted by the EU Commissioner Algirdas Šemeta, responsible for Taxation, Customs, Statistics, Audit and Anti-Fraud has brought together policy makers, experts, stakeholders and the general public from all over the world to discuss tax issues of particular political and general interest. The topic chosen for this year has been ‘An efficient VAT system’.

Foto: © Rozol - Fotolia.com

Foto: © Rozol – Fotolia.com

The Partner of the Polish TRA memberfirm Intertax Audit Sp. z o.o, Bugoslaw Kedzior, has been granted the priviledge to attend this commitment that aimed the simplification and sensibilization of the EU VAT burocracy, into a more harmonized and burdenless VAT System.

Poland has introduced, with effect from 2014, significant amendments in VAT Act. The most revolutionary one has been the change of the provision regarding arising the tax accrual, which has been changed for the first time in twenty years. Until the end of December 2013 the general rule on tax accrual was in fact linked to the issuance of an invoice.Since 2014, as a general rule, tax accrual shall arise at the moment of supplying the services or goods, and shall no longer be connected to the issuance of an invoice, also for the services or goods provided partially, for which payment was specified. For the services or goods provided continuously for a period longer than one year, without terms of payment or settlement, the accrual takes place at the end of each fiscal year, until the services are finally provided.