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Other cases that caught our eye: 5 February 2021

AG opines on interest on overpaid VAT

In technoRent International and others (Case C-844/19) (21 January 2021) the advocate general concluded that there was a right under Directive 2006/112/EC article 183 for interest to be paid on excess VAT declared if the VAT surplus is not reimbursed in a reasonable period of time. In the UK HMRC currently pays interest on overpaid VAT but only where ‘HMRC makes a mistake’. The judgment of the main court is awaited. The relevance of this decision in the UK is complicated by the end of the Brexit transition period.

Read the decision.

VAT and economic activity

In AJFP Sibiu and DGRFP Brasov (Case C-655/19) (20 January 2021) it was found that the sale by a creditor of real estate – which the creditor had acquired by way of enforcement proceedings when a loan that it made (and which was secured on...

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