The Advocate‑General has clarified that transfer‑pricing (TP) adjustments made for direct tax purposes do not attract VAT, but TP adjustments that are contractually agreed within intra‑group supplies of goods are within the scope of VAT. In the Stellantis Portugal case (C‑603/24), the Portuguese tax authorities imposed VAT assessments on Stellantis Portugal for TP adjustments, and the Advocate‑General advised the European Court that such adjustments should be treated as price adjustments for vehicles. Businesses are urged to review their TP policies and implement VAT considerations in their ERP systems.
The VATfaqs digest
Global VAT news, delivered Tuesday and Thursday. Free, curated from 50+ official sources, no spam.
No spam · Unsubscribe any time
The Portugal News · 17 days ago
Portugal has approved an amendment to clarify the application of the reduced 6% VAT rate to urban rehabilitation projects, regardless of an approved urban rehabilitation operation. The change, which is retroactive to 2008, will bring legal certainty to builders and developers and is expected to recover millions of euros in VAT.
International Tax Review · about 1 month ago
Portugal’s new VAT grouping regime, effective from July 1 2026, introduces stricter eligibility criteria than other EU members, requiring a dominant entity to hold at least 75 % of share capital and 50 % of voting rights, and limiting participation to entities with a Portuguese head office that carry out deductible activities. The regime does not neutralise intra‑group supplies and may exclude financial and insurance groups with predominantly exempt activities.
Portugal Resident · about 1 month ago
Portugal's Social Democratic Party has proposed a legislative change that would retroactively apply a 6% VAT rate to urban rehabilitation works in designated Urban Rehabilitation Areas, regardless of whether an approved Urban Rehabilitation Operation exists. The measure would override the current tax authority interpretation that requires an approved operation, potentially allowing construction companies to challenge past assessments and recover overpaid VAT. If passed, the 6% rate would apply to projects carried out since 2008.
Meridian Global Services · about 2 months ago
The CJEU ruled that year‑end transfer‑pricing adjustments are not automatically considered VAT‑relevant unless they are directly linked to a specific supply. The decision clarifies that only adjustments that represent additional consideration for a particular taxable transaction trigger VAT adjustments, and businesses must assess the economic and contractual context of each adjustment to determine VAT exposure.
Bloomberg Tax · about 2 months ago
The Court of Justice of the European Union ruled on 13 May 2026 that transfer‑pricing adjustments do not automatically trigger VAT unless a direct link exists between an identifiable supply and the payment received. The decision clarifies that such adjustments may still be subject to VAT if they qualify as price adjustments affecting the taxable amount, and it requires companies to perform a case‑by‑case assessment of their intragroup agreements and documentation.
Bloomberg Law · about 2 months ago
The Court of Justice of the European Union ruled that a transfer pricing adjustment does not automatically trigger VAT unless a direct link exists between an identifiable supply and the payment received. The decision underscores the need for companies to assess each adjustment case‑by‑case, draft clear intragroup agreements, and maintain robust documentation to secure the intended VAT treatment.
Sponsored placement
Reach finance leaders who read VAT news.
Put your brand alongside trusted tax-tech intelligence across 150+ countries.
Key Takeaways
The Advocate‑General advised that TP adjustments made by tax authorities for direct tax purposes do not attract VAT, but that TP adjustments that are contractually agreed within intra‑group supplies of goods fall within the scope of VAT.
The case is C‑603/24, and the Advocate‑General has advised the European Court that TP adjustments made by tax authorities for direct tax purposes do not attract VAT, but that TP adjustments that are contractually agreed within intra‑group supplies of goods fall within the scope of VAT.
They imposed VAT assessments on Stellantis Portugal for the TP adjustments.
Businesses should analyze the VAT aspects of their group’s TP policies and implement these considerations in their ERP systems.
Primary source
Read the full article at Loyens & LoeffThis summary was published on VATfaqs.com on 16 January 2026. It relates to VAT developments in Portugal. The original source is Loyens & Loeff.
