The real value of shares as the basis for taxationin value-added tax during a contribution in kind accordingto the judgment of the Court of Justice of the EuropeanUnion

The judgment of the Court of Justice of the European Union (CJEU) of May 8, 2024, in case C-241/23 concernedthe determination of the tax base for value-added tax (VAT) in the context of a contribution in kind to a capitalcompany. The CJEU ruled that the nominal value of shares should not be the tax base; instead, the proper taxbase is the issue price of the received shares. This decision challenged the long-standing practice of the SupremeAdministrative Court (NSA) of accepting the nominal value as the tax base. The article discusses the legal argumentsbehind both positions and analyzes the case law of the NSA and CJEU in the context of contributions inkind and barter transactions.