VAT on costs incurred in connection with an envisaged share disposal is in principle not recoverable. However, if the reason for the disposal lies in the VAT taxed activities of the parent company, VAT on the disposal costs may be recoverable.
Proper and timely documentation of such reasons will play a deciding role. This follows from the judgment of the Court of Justice of the European Union (“CJEU”) in the C&D Foods case (C-502/17) on 8 November 2018.
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