The Vodafone case. The European Court of Justice step in at the digital tax scene

The CFE ECJ Task Force has prepared an Opinion Statement on the CJEU decision of 3 March 2020 in Case C-75/18, Vodafone Magyarország Mobil Távközlési Zrt., on progressive turnover taxes. The Court held that the imposition of the Hungarian progressive turnover-based tax on the telecommunication sector did not infringe on the EU fundamental freedoms or Article 401 of the VAT Directive, and that the question regarding the prohibition of state aid was inadmissible.

Vodafone is especially important as it addresses a number of issues that are pertinent for the current debate about turnover-based digital services taxes.

CFE Tax Advisers Europe notes that the Court’s decision in Vodafone provides clarifications for ascertaining the compatibility of domestic turnover taxes with the fundamental freedoms and with Article 401 of the VAT Directive. This is particularly relevant in the current context, in which some Member States have adopted or plan to adopt turnover-based digital services taxes.

Source: News service of CFE Tax Advisers Europe