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Adjustment of deductions in case of capital goods electrónico revocation of the VAT number Natalia Svidchi

By: Svidchi, Natalia.
Material type: ArticleArticleSubject(s): IMPUESTO SOBRE EL VALOR AÑADIDO | BIENES DE CAPITAL | DEDUCCIONES | RUMANIA | UNION EUROPEA | TRIBUNAL DE JUSTICIA DE LAS COMUNIDADES EUROPEAS | JURISPRUDENCIA In: International VAT Monitor v. 33, n. 5, 2022, p. 200-204Summary: The European Court of Justice judgment in S.H. v. Administraţia Judeţeană a Finanţelor Publice Sibiu and Direcţia Generală Regională a Finanţelor Publice Braşov addresses the Romanian legislation and the corresponding practice of the tax authorities under which taxable persons with a revoked VAT number, based on national provisions enacted to counter abusive practices, are denied the right to deduct the VAT related to capital goods. In this article, the author explains that the denial of the deduction right is final and is made through a proportional negative adjustment, based on an irrefragable presumption that the capital goods are not used for the purpose of economic activities.
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Resumen.

The European Court of Justice judgment in S.H. v. Administraţia Judeţeană a Finanţelor Publice Sibiu and Direcţia Generală Regională a Finanţelor Publice Braşov addresses the Romanian legislation and the corresponding practice of the tax authorities under which taxable persons with a revoked VAT number, based on national provisions enacted to counter abusive practices, are denied the right to deduct the VAT related to capital goods. In this article, the author explains that the denial of the deduction right is final and is made through a proportional negative adjustment, based on an irrefragable presumption that the capital goods are not used for the purpose of economic activities.

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