In Search of Tax Advantage – From Halifax to UP CAFFE and Beyond
New
Journal
Country
European Union; Poland
Published Date
Issue
International VAT Monitor 2026 (Volume 37), No. 6
Document
The concept of abuse has been present in the case law of the Court of Justice of the European Union for decades. It was explicitly defined for VAT purposes 20 years ago in the Halifax case. Recent judgments have sparked controversies regarding both the concept of abuse and its consequences. In this article, the author elaborates on the understanding of tax advantage in abuse cases.