VAT and transfer pricing: beyond the arm’s-length principle

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

VAT and transfer pricing: beyond the arm’s-length principle

Sponsored by

Spanish VAT Services logo.jpg
Person using a computer and calculator, with overlaid financial and tax-related icons

The CJEU’s Stellantis ruling builds on recent case law concerning the VAT implications of transfer pricing adjustments and highlights an often overlooked interaction, says Fernando Matesanz of Spanish VAT Services

For years, transfer pricing has been viewed almost exclusively through the lens of direct taxation. However, its interaction with VAT is no longer a marginal issue. The recent judgment of the Court of Justice of the European Union (CJEU) in Case C-603/24, Stellantis Portugal, confirms that the relationship between these two areas is much closer than it may appear.

This judgment, handed down on May 13 2026, is also the third recent ruling of the CJEU concerning the VAT implications of transfer pricing adjustments, which shows that these two realities can no longer be analysed as separate compartments.

A debate that no longer belongs solely to direct taxation

The Stellantis case concerns a multinational group in the automotive sector with an entity acting as a distributor. That company purchased vehicles from group manufacturers and resold them to dealers, which in turn sold them to final consumers.

The intra-group agreement provided for a transfer pricing adjustment mechanism. These adjustments were linked, among other factors, to costs arising from repairs, warranties, and after-sales assistance relating to vehicles previously purchased and resold by the dealers. The Portuguese tax authorities argued that the amount in question remunerated an autonomous service supplied by the distributor to the manufacturers.

Price adjustment or autonomous service?

The dispute sought to determine whether the position of the Portuguese tax authorities was correct or whether the adjustment made should be treated as a reduction of the price of the vehicles previously purchased.

EU VAT legislation expressly refers to matters close to transfer pricing when regulating the taxable amount in transactions carried out between related parties (articles 72 and 80 of the VAT Directive). However, framing the debate solely in terms of the taxable amount overlooks the decisive issue of whether the adjustment falls within the scope of VAT in the first place.

The question therefore requires a return to the most basic principles of VAT, such as determining whether there is a transaction carried out for consideration. In other words, the analysis must establish whether the amount paid as a result of the adjustment constitutes consideration for a supply subject to VAT.

The CJEU resolves the issue by stating that the classification of a transaction for VAT purposes depends on the existence of a supply made for consideration between taxable persons, with a direct link between the service supplied and the consideration received.

From this perspective, not all adjustments arising from transfer pricing policies receive the same VAT treatment. Adjustments unilaterally imposed by the tax authorities to reallocate profits between jurisdictions would not constitute consideration agreed between the parties and would therefore fall outside the scope of VAT.

By contrast, adjustments voluntarily agreed by the parties and linked to specific and identifiable prior transactions would fall within the scope of VAT. According to the CJEU, such adjustments cannot automatically be regarded as an autonomous service. In certain circumstances, what they actually do is determine the final price of the underlying transactions. They would therefore constitute a modification of the taxable amount of a previous transaction.

The case is particularly interesting because it helps to nuance the impact of a previous judgment of the CJEU, Case C-726/23 (Arcomet Towercranes), which caused some concern by accepting that intra-group adjustments could constitute, in any event, an autonomous supply of services where they had been contractually agreed.

Practical consequences for multinational groups

Multinational groups will need to carefully review how they structure their transfer pricing policies and, above all, the adjustment mechanisms applied to their intra-group transactions.

Contractual documentation, the nature of the price initially agreed, whether the adjustment is linked to specific prior transactions, and the pricing method chosen now become elements that, in many cases, determine the VAT treatment of the transaction.

Whether these adjustments are relevant for VAT purposes is not a purely theoretical question. That classification determines invoicing obligations, how the transaction must be reported, and, ultimately, essential aspects of the functioning of the tax, such as the correct deduction of input VAT.

Beyond the specific case, the underlying message is difficult to dispute. Transfer pricing and VAT are not parallel worlds. Maintaining a strict separation between them is now an increasingly difficult position to defend.

more across site & shared bottom lb ros

More from across our site

The move reinforces Milan’s role as a key European hub for international business, the firm said
Australia’s government has also announced that it will implement the pillar two side-by-side agreement
Sara Morgan is due to join Joseph Hage Aaronson & Bremen as a partner in London, ITR understands
The newly combined tax team has already worked on thousands of joint client matters, leaders from McDermott Will & Schulte tell ITR
As AI becomes increasingly intuitive and idiot-proof, its tax applicability is becoming impossible to overstate
New data on public CbCR showed uneven adoption, as Singapore advanced pillar two compliance and firms expanded their tax capabilities
Nearly two years after its publication, the Corporate Tax Roadmap is reshaping the UK’s TP framework through incremental reforms focused on scope, transparency and earlier HMRC intervention
With a stark divergence between MNEs that prepared early and those rushing to catch up, advisers must remain agile with all manner of compliance risks
The EU agreed new cooperative and investigative measures to tackle VAT fraud, while Hungary faced legal action and Lavez Coutinho expanded its indirect tax team
The arrival of a team from Brazilian rival Costa Tavares Paes Advogados brings SiqueiraCastro’s tax headcount to seven partners and 30 associates
Gift this article