Wilo Salmson France (Tax legislation - VAT - Origin of right of deduction - Judgment) [2021] EUECJ C-80/20_O (22 April 2021)

Wilo Salmson France (Tax legislation - VAT - Origin of right of deduction - Judgment) [2021] EUECJ C-80/20_O (22 April 2021)

The right to VAT refund by a taxable person established in another Member State cannot be exercised without possession of a valid invoice. The relevant period for the refund claim is determined by the date of the invoice, not the date the tax became exigible, provided the tax was exigible before or at the time of...

Source-derived case information.

Citation
[2021] EUECJ C-80/20_O
Parties
Applicant: Wilo Salmson France SAS; Respondent: Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti; Respondent: Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union
Outcome
Preliminary ruling issued; national authorities cannot reject a VAT refund claim solely because the tax became exigible in an earlier period if the invoice was issued in the refund period; the right to refund cannot be exercised without a valid invoice; annulment and re-issuance of invoices after a definitive...
Legal Topics
VAT Deduction, VAT Refund, Directive 2006/112/ec, Directive 2008/9/ec, Invoice Requirements, Period of Refund, Procedural Requirements, Neutrality of VAT
Tax Law European Union Law VAT Deduction VAT Refund Directive 2006/112/ec Directive 2008/9/ec Invoice Requirements Period of Refund +2 more

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Parties

Wilo Salmson France SAS

Applicant

Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti

Respondent

Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union

  1. 1 Whether the right to VAT refund can be exercised without a valid invoice under EU law.
  2. 2 Whether the date of invoice or the date of tax exigibility determines the period for VAT refund claim.
  3. 3 Effect of annulment and re-issuance of invoices on the right to VAT refund.

Ratio Decidendi

The right to VAT refund by a taxable person established in another Member State cannot be exercised without possession of a valid invoice. The relevant period for the refund claim is determined by the date of the invoice, not the date the tax became exigible, provided the tax was exigible before or at the time of invoicing. National law cannot impose additional conditions that undermine this right when a correct invoice is issued during the refund period. Annulment and re-issuance of invoices after a definitive rejection of a previous refund claim does not revive the right to claim a refund for the same transaction in a later period.

Court Disposition

Preliminary ruling issued; national authorities cannot reject a VAT refund claim solely because the tax became exigible in an earlier period if the invoice was issued in the refund period; the right to refund cannot be exercised without a valid invoice; annulment and re-issuance of invoices after a definitive...

Orders

  • Articles 167 to 171 and 178 of Directive 2006/112/EC and Directive 2008/9/EC preclude rejection of a VAT refund claim solely because the tax became exigible in an earlier period if the invoice was issued in the refund period.
  • The right to VAT refund cannot be exercised without a valid invoice.