VAT Newsletter 3/2014

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The European Court of Justice (“ECJ”) has ruled on case C-107/13 (FIRIN)

The dispute in this case refers to the Bulgarian tax authorities’ refusal to grant the VAT deduction right for the advance payment made for the acquisition of grain performed by FIRIN OOD (“Firin” or “the Company”) on grounds that the delivery of goods did not take place.

The ECJ concluded that the deduction of VAT related to an advanced payment for the supply of goods should be adjusted if that supply was ultimately not made, even if the supplier remains liable for that tax and has not refunded the advance payment.

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