CJEU – Recent Developments in Value Added Tax 2021
1. Aufl. 2023
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S. 571. Introduction
The aim of EU VAT is to tax private consumption. This goal is achieved in an indirect manner by taxing supplies of goods and services by taxable persons. Since VAT is not intended as a tax on businesses, taxable persons can, in principle, deduct the VAT charged to them. Art. 1(2), first paragraph of the VAT Directive, summarizes the core of the EU VAT system:
VAT entails the application to goods and services of a general tax on consumption exactly proportional to the price of the goods and services, however many transactions take place in the production and distribution process before the stage at which the tax is charged.
Not only does this tax system call for a right of deduction for taxable persons ,who do not privately consume the goods or services, it also calls for a taxable base, which reflects the value of the consumption. The proportionality of the tax to which Art. 1(2) of the VAT Directive refers is also reflected in Art. 73 of the VAT Directive, which essentially provides that the taxable amount for VAT shall include everything which constitutes consideration obtained or to be obtained by the supplier, in return for the supply.
In view of the objective of EU...