Société le Credit Lyonnais v Ministre du Budget, des Comptes Publics et de la Réforme de l’État

In Société le Credit Lyonnais v Ministre du Budget des Comptes Publics et de la Réforme de l’État (CJEU Case C-388/11) the Conseil d’État referred a case to the CJEU for a ruling on whether in calculating the deductible proportion of input tax for a company with branches in other Member States the income of those branches had to be taken into account. Advocate General Cruz Villalón expressed the opinion that art 19 of the Sixth Directive did not oblige Member States to stipulate this. 

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Why it matters: The Advocate General’s  opinion is that art 19 of the Sixth Directive does not oblige Member States to stipulate that a principal establishment must include the turnover from foreign branches when determining the deductible proportion of its input tax. It...