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European Court of Justice has decided: Hungarian VAT regulations contrary to EU law 10 August 2011


Earlier this year, the European Commission had initiated an infringement procedure against Hungary, in which it objected to the fact that the VAT reclaim right of companies is restricted under the Hungarian regulations. According to the current regulations in Hungary, the VAT charged on purchases (‘input VAT') cannot be reclaimed unless and until the taxpayer has paid the related price of the purchases to its counterparty.

The input VAT on unpaid purchases (if certain other conditions are met) may be reclaimed no earlier than in the VAT period in which the company settled the corresponding purchase invoices. In practice this could limit the right of companies to reclaim VAT - even permanently. The European Court of Justice stated in its judgement of 28 July 2011 that Hungary's VAT regulations are incompatible with EU law.

As a result of the judgement, the related rules of law are likely to be amended soon, which will almost certainly assure, through a new system of rules or through stricter VAT inspections, that VAT reclaims can be appropriately checked.


Tamas Gyanyi - Tax Director at HLB Klient KftFor further information contact tax director Mr Tamas Gyanyi at HLB member firm HLB Klient Kft.

Mr. Tamas Gyanyi
HLB Klient Kft
1143 Budapest
Stefánia út

Budapest
101-103
Hungary
Phone: +36 1 887 3700
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


ABOUT HLB KLIENT KFT

The first company in the HLB Klient group was established in 1998, with the aim of offering tax consulting, auditing, legal counselling and other financial administration services in compliance with both international and Hungarian standards. At present, the group consists of four companies and provides complex advisory and compliance services to its clients. The services we offer range from auditing and tax consulting, through bookkeeping, payroll services, legal services related to company establishment and labour-law issues, and other financial management services. Since January 2003 HLB Klient Kft has been the Hungarian representative of HLB International enabling HLB Klient to provide clients with professional services at an international level.

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