In Titanium Ltd v Finanzamt Österreich (Case C‑931/19) (3 June 2021) the CJEU held that the letting of an Austrian property by a Jersey company did not create a fixed establishment for VAT purposes in Austria.
Titanium was a company whose registered office and management were both located in Jersey. During 2009 and 2010 it let out a property which it owned in Austria to two Austrian traders. The lets were taxable and they were Titanium’s only activities in Austria.
Titanium did not have any local staff and it appointed an Austrian property management company which took care of invoicing managing business records and other administrative tasks. However Titanium retained decision-making power including the power to enter into and terminate leases.
Titanium argued that the existence of the let property did not create a fixed establishment for it in Austria. Under Austrian reverse charge rules ...
