On 8 May 2024 the Court of Justice of the European Union (CJEU) delivered its judgment in the case of P. sp. z o.o. v Dyrektor Izby Administracji Skarbowej w Warszawie, intervening party: Rzecznik Małych i Średnich Przedsiębiorców C‑241/23. The Polish appellate authority had refused to refund input VAT claimed by P that was charged on invoices issued by W and B in respect of property contributions made by those companies to P’s share capital. The court was asked to provide an interpretation of Article 73 of the VAT Directive, which sets out the general rule in relation to taxable amount in the context of shares issued for in-kind property contributions.
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