- Consolidated version: Journal of Laws of 2011, No 74, item 397, as amended.
- Consolidated version: Journal of Laws of 2011, No 177, item 1054, as amended.
- Council Directive (EC) 2006/112 of 28 November 2006 on the common system of value added tax [2006] OJ L347/1 (VAT Directive).
- According to Art 80(1) of the VAT Directive, in order to prevent tax evasion or avoidance, Member States may in any of the following cases take measures to ensure that, in respect of the supply of goods or services involving family or other close personal ties, management, ownership, membership, financial or legal ties as defined by the Member State, the taxable amount is to be the open market value:
- where the consideration is lower than the open market value and the recipient of the supply does not have a full right of deduction…;
- where the consideration is lower than the open market value and the supplier does not have a full right of deduction… and the supply is subject to an exemption…;
- where the consideration is higher than the open market value and the supplier does not have a full right of deduction…
- Opinion of Advocate General Sharpston of 26 January 2012 in Joined Cases Balkan and Sea Properties ADSITS (C-621/10) and Provadinvest OOD (C-129/11) v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ -Varnapri Tsentralno upravlenie na Natsionalnata agentsia za prihodite, [2012] ECR I-0000, para 30.
- Compare CJEU, judgment of 26 April 2012, Ibid.
World Journal of VAT/GST Law
Volume 1, 2012 - Issue 1