Title X: Deductions
Chapter 1: Origin and scope of right of deduction
Article 168 [1]
In so far as the goods and services are used for the purposes of the taxed transactions of a taxable person, the taxable person shall be entitled, in the Member State in which he carries out these transactions, to deduct the following from the VAT which he is liable to pay:
the VAT due or paid in that Member State in respect of supplies to him of goods or services, carried out or to be carried out by another taxable person;
the VAT due in respect of transactions treated as supplies of goods or services pursuant to Article 18(a) and Article 27;
the VAT due in respect of intra-Community acquisitions of goods pursuant to Article 2(1)(b)(i);
the VAT due on transactions treated as intra-Community acquisitions in accordance with Articles 21 and 22;
the VAT due or paid in respect of the importation of goods into that Member State.
Fundstelle(n):
zur Änderungsdokumentation
CAAAE-23889
1According
to Art. 5 No 3 Council Directive (EU) 2025/516 of 11 March 2025 (OJ L,
2025/516, 25.3.2025) in Art. 168, the following paragraph will be added with
effect from 1.7.2030:
‚Where the transaction is subject
to the reporting requirements laid down in Article 271a(1), Member States may,
in accordance with the conditions they lay down, provide that the customer is
to be entitled to deduct or reclaim the VAT due or paid only if that customer
holds an electronic invoice issued in accordance with the requirements laid
down in Article 218(3).’