mr. J. el Khalfioui LL.M.

, in VAT

Late invoices: VAT on acquisitions can be deducted in the period they arrive

On 12 March 2026, the Court of Justice ruled in Aptiv Services Hungary (C-521/24) that a business acting in good faith can deduct VAT on intra-Community acquisitions in the period in which it actually receives the invoices.

The case

In its returns for July to September 2021, Aptiv deducted VAT on intra-Community acquisitions made between 2016 and 2018. It explained that its suppliers had issued the invoices late and that they had been registered late in its books. The Hungarian tax authority refused the deduction. In its view, the only route was a self-correction of the returns for those years, and for 2016 and part of 2017 that was no longer possible.

The ruling

National law and practice cannot refuse the deduction on the sole ground that it was claimed in a later period than the acquisition, if the business could not deduct earlier because it did not hold the invoices. The Court relied on neutrality, proportionality and effectiveness.

Three facts carried weight:

Limitation periods remain valid. A Member State may penalise a taxable person who has not been sufficiently diligent, as long as the period complies with the principles of equivalence and effectiveness.

What to check

mr. J. el Khalfioui LL.M.

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