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Country Briefs

TAX MAG: VAT news in Europe

Keep up with the latest Intra-Community and European VAT news, decoded by our experts.

Focus: Country Briefs

Serbia: French companies can now reclaim Serbian VAT

Since 18 August 2025, French companies incurring business expenses in Serbia have been able to claim a refund of Serbian VAT. Serbia has formally recognised reciprocity with France, making French businesses eligible under Article 53 of the Serbian VAT Act, which allows foreign companies not established in Serbia to recover VAT on local expenses. Eligible...
11 June 2026

France : transporting biological samples can be VAT-exempt where it supports an exempt medical service CAA Versailles, 9 April 2026, No. 24VE00848, SELFA CERBA

A French appeals court has ruled that transporting biological samples can be VAT-exempt, provided the transport is genuinely tied to an exempt medical analysis service. The case involved a medical laboratory carrying out analyses for clients based in North Africa. Local providers collected, preserved and shipped the samples to France for testing. The French Tax...
11 June 2026

France: VAT and advertising expenditure – deduction rights extended to goods distributed free of charge

The French Finance Act for 2026 introduces a significant change with the creation of Article 273 septies E of the French Tax Code. Until now, the free distribution of goods in a promotional context was considered to preclude VAT deduction, regardless of the underlying business purpose. This restrictive approach was rooted in the civil law...
Country Briefs
19 May 2026

France: VAT and trade cooperation agreements – the Conseil d’État clarifies the treatment of rebates and service fees Ruling of 10 April 2026, n° 497524

In this ruling, the Conseil d’État clarified the VAT treatment of payments made under trade cooperation arrangements, reaffirming the distinction between price reductions and remuneration for services. The dispute concerned amounts paid by suppliers to distributors under trade cooperation agreements covering product placement, in-store promotions and marketing activities. These payments had been presented as commercial...
Country Briefs
19 May 2026

Switzerland: VAT refunds – tighter requirements for non-resident businesses

Switzerland’s VAT refund scheme for non-established businesses remains in place, but the administration has significantly tightened its practical requirements since February 2026. Without any change to the legal framework, three areas are now subject to stricter scrutiny: Claims must be submitted through the tax authority’s digital platform, with supporting documents that are complete, legible and...
19 May 2026

VAT and virtual gold: the CJEU clarifies the tax treatment of in-game currencies Judgment of 5 March 2026, Case C-472/24

In this ruling, the CJEU clarified the VAT treatment of “virtual gold” sales in online gaming. The case concerned an online video game operator selling “virtual gold” to its users, a digital asset that could be used to acquire in-game advantages, items and features. The operator put forward two alternative arguments: Virtual gold could be...
Country Briefs
19 May 2026

Bulgaria: reverse charge scrapped for supplies with assembly and installation

Following amendments to the Bulgarian Value Added Tax Act published in Official Gazette No. 115 on 30 December 2025, the reverse charge mechanism for domestic supplies of goods with assembly or installation has been abolished with effect from 1 January 2026. These transactions are now subject to the standard territorial rules, meaning Bulgarian VAT applies...
19 May 2026

EU : Loyalty schemes and VAT – the CJEU clarifies the treatment of points-based programmes Judgment of 5 March 2026, C-436/24, Lyko Operations

In this ruling, the CJEU clarified the VAT treatment of points-based loyalty schemes, and the distinction between multi-purpose vouchers (MPVs) and simple price reduction mechanisms. The case concerned a Swedish company operating a cosmetics distribution network, which had introduced a loyalty programme allowing customers to accumulate points on purchases and redeem them on future transactions...
Country Briefs
19 May 2026

France : VAT reverse charge in the construction sector – the Conseil d’État draws the line on subcontracting

Ruling of 24 February 2026, n° 497507   The Conseil d’État ruled on the scope of the VAT reverse charge mechanism applicable to subcontracting in the construction sector under Article 283, 2 nonies of the French Tax Code. The mechanism applies where services are directly linked to a construction, renovation, transformation or demolition project. The...
Country Briefs
19 May 2026

EU VAT refunds: the CJEU rules that taxpayers cannot lose their refund rights due to IT failures Judgment of 12 March 2026, C 527/24, Harry et Associés

In this ruling, the CJEU examined what happens when a technical failure prevents a VAT refund claim from being properly processed under the EU refund procedure set out in Directive 2008/9/EC. A French company had submitted a claim for VAT paid in Italy through the mandatory electronic procedure, within the required deadlines. The claim was...
Country Briefs
19 May 2026

France : Customs representation and import VAT – the Court of Cassation sets a high bar for mandates Ruling of 11 February 2026 (No. 70 F-B — Case No. Z 24-18.748)

In this ruling, the Court of Cassation clarified the liability of a logistics provider for import VAT where customs formalities are carried out by an intermediary. A company had instructed a logistics provider to handle its customs clearance under a so-called “express” mandate. Following irregularities in the import declarations, French Customs held the provider liable...
Country Briefs
19 May 2026