V.04.09.2025 – Cassation No. 836-2025 Do advance payments made by clients to companies, within the scope of their regular business activity, give rise to a VAT (IGV) tax obligation, even if no payment receipt has been issued?
In this case, the Supreme Court determined that there was no legal violation in the Superior Court’s assessment of the facts or its application of the legal framework governing the creation of the VAT tax obligation.
The contested decision is based on the direct application of paragraph 3, Article 3 of the Regulations of the VAT Law, which establishes that advance payments received prior to the delivery of goods trigger the tax obligation, even if a payment receipt has not yet been issued.
Moreover, the Superior Court verified that the deposits made by clients were applied to specific sales operations, within the company’s regular business activity. It also confirmed that there was no evidence of any alternative purpose for the payments, nor of accounting mechanisms—such as internal client current accounts—that could decouple the funds from the taxable event.
This conclusion is based on a reasoned assessment of the available evidence in the case file, the applicable legal framework, and the principles of legality and material truth.
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