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From a VAT perspective, who is the supplier to the end customer in the case of an in-app purchase? The app developer or the app store? From the ECJ’s point of view, it is the app store, unless it expressly acts on behalf of a third party. However, it should not be sufficient for the app store to merely refer to the app developer in the order confirmation for an assumption to be made that it is acting on behalf of a third party.
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The legislator is serious about the draft 2025 Tax Amendment Act: eating out is set to become cheaper again, as from 1 January 2026. The (re)introduction of the reduced VAT rate is planned, at least for the supply of restaurant and catering services.
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In its eagerly awaited judgment in the Arcomet Towercranes case, the ECJ clarifies when compensation payments, aimed at adjusting profit margins to the arm’s length principle, may constitute remuneration for a taxable supply. The Court’s classification could have implications for many businesses. Multinational groups should review how transfer pricing adjustments currently interact with VAT and whether the judgment gives rise to any need for action. The ECJ’s findings on the uncertain nature of the provision of payment and the need for further evidence to support input VAT deduction are also relevant beyond the context of transfer pricing.
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