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Although there are no provisions that would directly regulate this, in such cases the judgment of the European Court of Justice (ECJ) in case C- / is invoked.of January , , which remains valid to this day. Important! Summary of the ECJ judgment in case C- / : The right to deduct VAT remains acquired if, due to circumstances beyond the entrepreneur's control, he never used the purchased goods or services to conclude taxable transactions Of course, the key word will be "independent circumstances.
Every entrepreneur should know that the tax authority, at the stage of tax proceedings checking whether a tax audit philippines photo editor will take place, will require demonstrating "due diligence" that it was not the entrepreneur's intentional fault. The concept of "due diligence" appears very often in numerous tax interpretations. There is no statutory definition, but some important tips can be found in the linked publication. Liquidation of commercial goods – VAT By definition, commercial goods are purchased with resale in mind.
However, it may happen that some of these goods were damaged during transport and cannot be returned or made a complaint. Yet another situation is when goods cannot be sold, despite numerous attempts to discount them, even below the purchase value. The goods remain in the warehouse, which generates high costs for the entrepreneur who prefers to liquidate them in order to at least limit losses (freeing up warehouse space). The regulations are not detailed enough to give us an answer to this question.
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