In its judgment in Stellantis Portugal, the ECJ provides clarification on the VAT treatment of transfer pricing adjustments. In particular, it offers guidance on the distinction between a subsequent amendment to the taxable amount of already completed transactions and a separate supply for which the adjustment would constitute consideration. Of particular interest, also beyond the transfer pricing context, is the ECJ’s further elaboration on when the uncertain nature of remuneration is capable of breaking the direct link between the payment and the supply required for a transaction to be taxable.

According to the tax authorities, intermediaries involved in the sale of multi-purpose vouchers each supply a taxable intermediary service, regardless of whether they act as traditional agents or as resellers. This, in itself, is nothing new. The Federal Ministry of Finance has now, however, supplemented its guidance on the determination of the taxable amount for such intermediary services. Under this guidance, intermediaries in multi-tier distribution chains may, in certain cases, be required to subject to VAT an amount exceeding the margin they generate from the purchase and resale of the multi-purpose vouchers.