Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

29/05/2020 - Bankruptcy: the VAT relating to a credit not insinuated in the liability can be reduced.

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Articoli Correlati: reduction of VAT - bankruptcy - not insinuated credit

On 11 June 2020, in the judgment C-146/19, the E.U. Court of Justice called to provide clarifications on the refusal to grant a company the correction of the amount of VAT paid and relating to uncollected credits, due to the omission the introduction of these claims in the bankruptcy proceedings instituted against the debtors has ruled that the regulation of a Member State which refuses to pay a VAT taxable person the right to a reduction in the VAT paid and relating to a non-recoverable credit is contrary to European legislation if he has failed to insinuate this claim into the bankruptcy proceedings instituted against his debtor, even if this person proves that, if he had insinuated the claim, this would not have been collected.