What is the extent of the direct and immediate link, which must exist between an input supply and a taxed output supply, in order for a taxpayer to be entitled to input VAT deduction from the input supply? The German Federal Fiscal Court had the opportunity to comment on this question - following on from the ECJ’s case law in Iberdrola and Sveda. However, it decided to flip the matter over Luxembourg and - in addition to two further questions - refer the question regarding the link to the ECJ (Ref.: XI R 28/17). Even if the Federal Fiscal Court has not committed itself, this referral can be seen as a positive sign that it may, in the future, be prepared to broaden the concept of what it considers to be a direct and immediate link. This opens up new sources of input VAT for taxpayers – especially in the case of infrastructure construction works.
mehr