Request for re-fund of French VAT reported in US dollars on invoices

Société Computacenter (Administrative Court of Montreuil, 16 February 2016, n°1503203)

The French tax authorities rejected a claim for a VAT refund filed by a company concerning invoices on which French VAT was reported in US dollars.

The Court restated that, in principle, the amount of VAT payable must be reported on invoices in the national currency of the EU Member State where the supply takes place, i.e in euros in the present case, otherwise the rejection of the VAT refund claim would be justified.

However, the Court noted that the company provided a conversion table (US dollars/euros) for all the VAT amounts for which a refund was requested, the accuracy of which was not challenged by the tax authorities. The Court therefore concluded that the tax authorities were able to determine the extent of the company’s right to reimbursement.

This decision seems to temper the position established in the Société Eye Shelter judgement of 10 July 2015 of the same court.

Michel Guichard

Michel Guichard, as a Partner, was responsible for the Indirect Tax (VAT Customs) practice and then for the Tax Litigation practice dedicated to assisting clients in national and EU litigation. […]

Bertrand Jeannin

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Nicolas Kazandjian

Barrister registered with the Hauts-de-Seine Bar, he started my career in the indirect tax service line of Deloitte Société d’Avocats in 1999. My current position is Director. My area of […]

Anne Gerometta

Anne Gerometta is Indirect Tax Partner of Deloitte Société d’Avocats. She advises international groups on their indirect tax issues. Anne notably assists operators from the Financial Sector – bank, insurance […]

Vanessa Irigoyen

With more than 16 years of experience, Vanessa has extensive expertise in the implementation of international efficiency business models for customs, export control and indirect tax purposes. Her functions notably […]

Delphine Nicault

Delphine Nicault is an Attorney-at-Law at the French Bar. She joined Deloitte in 2002 and assists her clients on day-to-day VAT issues. She developed an expertise in the VAT and […]