VATcodexEU VAT case law · Court of Justice and General Court

Article 168a Directive 2006/112/EC

Origin and scope of right of deduction

Title X · Deductions › Chapter 1 · Origin and scope of right of deduction

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Text of Article 168a

1.In the case of immovable property forming part of the business assets of a taxable person and used both for purposes of the taxable person’s business and for his private use or that of his staff, or, more generally, for purposes other than those of his business, VAT on expenditure related to this property shall be deductible in accordance with the principles set out in Articles 167, 168, 169 and 173 only up to the proportion of the property’s use for purposes of the taxable person’s business.

By way of derogation from Article 26, changes in the proportion of use of immovable property referred to in the first subparagraph shall be taken into account in accordance with the principles provided for in Articles 184 to 192 as applied in the respective Member State.

2.Member States may also apply paragraph 1 in relation to VAT on expenditure related to other goods forming part of the business assets as they specify.

Consolidated version on EUR-Lex (CELEX 02006L0112-20250414). © European Union. Only the Official Journal is authentic.

Case law on Article 168a: 8 cases

Judgments, orders and Advocate General opinions of the Court of Justice and the General Court that cite Article 168a of Directive 2006/112/EC, most recent first.

  1. C-45/20 Finanzamt N and Finanzamt G (Communication of the allocation decision) Judgment · 14 October 2021 · Germany · cites Article 168a(1)
  2. C-140/17 Gmina Ryjewo Opinion · 19 April 2018 · Poland
  3. C-229/15 Mateusiak Judgment · 16 June 2016 · Poland · cites Article 168a(1)
  4. C-126/14 Sveda Opinion · 22 April 2015 · Lithuania
  5. C-92/13 Gemeente ‘s-Hertogenbosch Opinion · 10 April 2014 · Netherlands · cites Article 168a(1), (2)
  6. C-26/12 PPG Holdings Opinion · 18 April 2013 · Netherlands
  7. C-219/12 Finanzamt Freistadt Rohrbach Urfahr Opinion · 7 March 2013 · Austria · cites Article 168a(2)
  8. C-334/10 X Opinion · 1 March 2012 · Netherlands