Hungary: VAT base reduced by bad debts; five-year limitations period (CJEU judgment)
Hungary: VAT base reduced by bad debts
The Court of Justice of the European Union (CJEU) issued a judgment holding that the date triggering the limitations period when taxpayers can reduce their taxable base for value added tax (VAT) purposes by amounts of bad debts is the date when the taxpayer establishes the irrecoverable nature of the debts.
Under provisions of Hungarian VAT law, taxpayers can reduce their tax base by amounts of bad debts. This basis-reduction treatment was effective 1 January 2020.
The position of the Hungarian tax authorities has been that there is a five-year limitations period during which the tax base can be reduced by bad debts, and that this five-year period is determined by reference to the date of the supply or the subject transaction that eventually gave rise to the bad debts. The tax authority's interpretation rejected a claim that the five-year period is determined by reference to the date when the irrecoverable nature of the bad debts is only established.
In the case referred to the CJEU, the five-year period had already lapsed when measured by reference the date of the transactions (caused by delays in debt-enforcement procedures). A Hungarian regional court (Pécs) submitted the case to the CJEU for a preliminary ruling with regard to whether the tax authorities’ interpretation of the Hungarian statute of limitations was in line with EU law.
According to the CJEU, the tax authority’s interpretation is contrary to EU law because that treatment could preclude taxpayers from being able to reduce their tax base by the amount of bad debts if the statute of limitations was measured from the date of the supply or of the transaction.
Thus, according to the CJEU, the statute of limitations is triggered by reference to the point in time when the irrecoverable nature of the debts has been established (for purposes of reducing the tax base by the bad debts).
Read a March 2021 report prepared by the KPMG member firm in Hungary
© 2022 KPMG LLP, a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://home.kpmg/governance.
The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.