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    KPMG Luxembourg
    January 6, 2026 (about 2 months ago)

    CJEU Arcomet decision clarifies VAT treatment of year‑end transfer pricing adjustments

    Featured image for: CJEU Arcomet decision clarifies VAT treatment of year‑end transfer pricing adjustments
    Luxembourg VAT News • KPMG Luxembourg

    Summary

    The Court of Justice of the EU ruled that year‑end transfer‑pricing adjustments that increase profits to align with the arm’s‑length principle may be considered VAT‑eligible if the services and payment terms were agreed in advance. Documentation for input‑VAT deduction remains necessary and proportionate, but taxpayers need not prove economic necessity of the services. The ruling clarifies that VAT applies only where a clearly identifiable service is provided for remuneration, providing legal certainty across Member States.

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    Key Facts

    • •CJEU Arcomet decision (C‑726/23) dated 4 September 2025 clarified that year‑end TP adjustments increasing profits to align with the arm’s‑length principle may constitute VAT consideration if services and payment terms were agreed in advance.
    • •Documentation requirements for input‑VAT deduction remain necessary and proportionate; taxpayers are not required to demonstrate the economic necessity or suitability of the services provided.
    • •VAT applies where a clearly identifiable service is provided for remuneration; adjustments without an underlying service remain outside VAT scope.
    • •The ruling provides legal certainty and reduces divergent interpretations across Member States, reinforcing the importance of robust intragroup agreements and documentation.
    Europe
    Luxembourg
    Compliance
    Cross-Border
    VAT Update
    Read Full Article at KPMG Luxembourg