*Fazenda Publica v Banco Mais SA

European Union – Value added tax. The Court of Justice of the European Union ruled that point (c) of the third sub-paragraph of art 17(5) of Sixth Council Directive (EEC) 77/388 should be interpreted as not precluding a member state, in circumstances such as those in the main proceedings, from requiring a bank, which carried out leasing activities, amongst other things, to include in the numerator and denominator of the fraction used to determine a single deductible proportion for all of its mixed use goods and services just the part of the rental payments made by customers as part of their leasing agreements that corresponded to interest, where that use of the goods and services was primarily caused by the financing and management of those contracts, that being a matter for the national court to ascertain.

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