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The VAT briefing for October 2013

Lee Squires and Fiona Bantock assess recent developments, including the decisions in Le Crédit Lyonnais, University of Cambridge and TLLC, plus the EU proposal on the VAT treatment of vouchers.

Key developments in VAT in recent weeks are as follows.

Le Crédit Lyonnais: input VAT recovery of company with overseas branches

In Le Crédit Lyonnais (C-388/11) the question referred to the CJEU was whether Le Crédit Lyonnais which had its principal establishment in France could take into account the income of its branches located in other EU Member States and in non-EU countries in calculating the proportion of its deductible input VAT in France. Its foreign branches made a higher proportion of supplies carrying the right to deduction of VAT than the principal establishment.

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