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HMRC on Weald Leasing and RBS Deutschland

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In RBS Deutschland Holdings GmbH the European Court decided that a cross-border leasing arrangement was not sufficiently artificial to engage the principle of abuse. Further, input tax was deductible even if no output tax was charged in either Member State on a transaction which was in principle subject to VAT. In Weald Leasing Ltd the European Court decided that some VAT deferral schemes should be redefined by changing lease terms and/or by removing an intermediate lessor which is included to circumvent national rules. The decisions have clarified some issues that arise in VAT planning, while leaving other issues unresolved.

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