21 March 2018 CJEU rules Lithuanian tax authorities to pay interest on VAT overpayment The Supreme Administrative Court of Lithuania (SACL) filed, in 2016, a request for preliminary ruling (case C-387/16) from the Court of Justice of the European Union (CJEU), with respect to the reduction of the late payment interest, payable on the tax receivable amount to Nidera B.V. (Nidera). Specifically, the SACL referred to the CJEU the question of whether Article 183 of Council Directive 2006/112/EC (the Directive), read in conjunction with the principle of fiscal neutrality, shall be interpreted as precluding a reduction in the interest that is normally payable under national law on a Value Added Tax (VAT) overpayment (excess), which was not refunded (set off) in due time, due to circumstances other than those resulting from the actions of the taxable person himself. Document ID: 2018-0619 |
