Business Entertainment - Reclaim Opportunity? The Advocate General has published his opinion in the joined cases of X Holding BV v Staatssecretaris Financiën and Oracle Nederland BV v Inspecteur van de Belastingdienst Utrecht-Gooi (C-538/08 and C-33/09).
The AG’s opinion suggests that any statutory input tax block can only have effect where it refers to expenditure on specific categories of goods or services rather than to goods purchased for a specific purpose. The implication is that whilst it may be acceptable in law to block input tax on cars it is not acceptable to block input tax on goods consumed for business entertaining.
Consequently, there is an opportunity for businesses to submit 'protective' claims for input tax that was previously blocked on business entertainment.
For further details please contact one of our VAT consultants on 0161 491 2979.
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