SUMMARY OF NATIONAL TAX JURISPRUDENCE 
MARCH – APRIL 2024 Cover Image
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SINTEZĂ DE JURISPRUDENȚĂ FISCALĂ NAȚIONALĂ MARTIE – APRILIE 2024
SUMMARY OF NATIONAL TAX JURISPRUDENCE MARCH – APRIL 2024

Author(s): Cosmin Flavius Costaş
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Court case, Administrative Law
Published by: Editura Hamangiu S.R.L.
Keywords: VAT; taxable persons; intermediaries; taxable supplies; intra-Community acquisitions; right of deduction; alleged fraud; abuse of tax law; artificial transactions; lack of substance; tax advantage;

Summary/Abstract: In a recent Romanian VAT case, Sibiu Tribunal was asked to rule in a case where the taxable person allegedly used a mechanism of tax optimization for VAT. The court ruled that the presence of two intermediaries in order to secure VAT deduction in a more expeditive manner is not contrary to the objectives of the VAT Directive and does not amount to an abuse of tax law in the sense of the Halifax case-law.

  • Issue Year: VII/2024
  • Issue No: 2
  • Page Range: 162-172
  • Page Count: 11
  • Language: Romanian
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