Deductibility of input VAT included in M&A costs within group companies

On 14 June 2013 the Finnish Supreme Administrative Court issued its ruling (KHO 2013:107) concerning a parent company’s right to deduct input VAT included in the M&A costs of a group of companies. Before this ruling, the main rule in Finland, was that the parent company had the right to also deduct the input VAT included in the M&A costs of other group companies, as they can be treated as the general expenses of the group as a whole. Taxand Finland details how this new ruling will update the current understanding around deductibility of input VAT.
In the case discussed by the Supreme Administrative Court, a Finnish parent company, A Oy, had paid an invoice issued by a German consulting firm.

The consulting firm did not have a fixed establishment in Finland and had not applied voluntarily for the Finnish VAT register. The invoice was addressed to the parent company and related to a due diligence investigation which the consulting firm had performed on a German company, whose shares had been acquired by a German subsidiary of A Oy. In the reassessment process the input VAT included in the M&A costs had been imposed to A Oy as a final cost based on reverse charge.

According to the Supreme Administrative Court, A Oy had not shown that the consulting services in question were directly linked to A Oy’s own VAT liable business activities, or that A Oy had recharged those costs to its German subsidiary.

The consulting services in question did not have any direct and instant connection with the VAT liable business activities of A, but they were directly and instantly connected with A Oy’s German subsidiary’s business activities. As a result, the costs were not deductible as general costs related to A Oy’s VAT liable business activities (ie as a group). Hence, the Supreme Administrative court ruled that A Oy did not have the right to deduct the VAT included in the M&A costs.

Via Deductibility of input VAT included in M&A costs within group companies | Taxand.

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