Does the correction of an invoice have a retrospective effect?
In dealing with this question, the ECJ held that the correction of a men-tion on an invoice does have a retrospective effect, so that the right to deduct VAT shall be exercised on the year during which the in-voice was initially issued, and not on the year during which the invoice was amended. National tax authorities may not charge default interest on the interim period as other more suitable sanctions, such as penalty fees, may be taken.
This judgment answering the question of the retrospective effect of a corrected invoice regarding the right to deduct VAT feels most welcome. It was advisable as it put an end to the Conseil d’Etat’s hesitant position (CE, 30 June 1982 n°20834, CE, 17 February 1982 n°19434).
