Economic Reality in EU VAT

EC Tax Review 2020/5

23 Pages Posted: 19 Aug 2020

See all articles by Ad van Doesum

Ad van Doesum

Maastricht University, Faculty of Law, Department of Tax Law

Frank Nellen

Maastricht University

Date Written: July 17, 2020

Abstract

In this article, the authors analyse the notion of ‘economic reality’ in EU VAT and how it is applied by the CJEU in its case law. The purpose is to clarify the concept of economic reality, to establish how it affects the taxation of transactions, and to what extent it should affect that taxation when taking into account the principle of legal certainty.

Keywords: Economic Reality, EU VAT, CJEU, Case Law, Judicial Interpretation, Abuse of Law, Legal Certainty, Objective Character, Fiscal Classification, Neutrality

JEL Classification: K34

Suggested Citation

van Doesum, Ad and Nellen, Frank, Economic Reality in EU VAT (July 17, 2020). EC Tax Review 2020/5, Available at SSRN: https://ssrn.com/abstract=3654135 or http://dx.doi.org/10.2139/ssrn.3654135

Ad Van Doesum (Contact Author)

Maastricht University, Faculty of Law, Department of Tax Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

HOME PAGE: http://https://www.maastrichtuniversity.nl/about-um/faculties/law/departments/tax-law

Frank Nellen

Maastricht University ( email )

P.O. Box 616
Maastricht, Limburg 6200MD
Netherlands

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