EXPLANATORY NOTE FURS: APPLICATION OF TRIANGULAR SIMPLIFICATION IN FOUR-PARTY SUPPLY CHAINS
The Financial Administration of the Republic of Slovenia (FURS) published, on 13 February 2026, Explanatory Note No. 542-9/2026-2 entitled “Notice regarding the judgment of the Court of Justice of the European Union (T-646/24) concerning the treatment of a triangular transaction within a supply chain involving four parties”, which provides important guidance on the application of the simplification for triangular transactions in more complex supply chains.
This explanatory note is based on a judgment of the General Court of the European Union, which addressed the VAT treatment of supply chains involving four parties identified in three Member States. The key issue was whether the simplification for triangular transactions may also apply where the goods are not physically delivered to the third party in the chain, but are instead delivered directly to that party’s customer in the same Member State.
The special scheme for intra-Union triangular transactions is intended to simplify the VAT treatment in cases where three taxable persons, identified for VAT purposes in different Member States, participate in the chain, and the goods are dispatched directly from the first to the third party in the chain. The purpose of this scheme is that the second taxable person in the chain, as a rule, is not required to register for VAT in the Member State where the transport of the goods ends.
The Court of Justice of the European Union explains that the simplification for triangular transactions may also be applied in certain cases involving more complex supply chains with four parties. In this context, it is not required that the third party in the chain becomes the owner of the goods in question (i.e. physically takes possession of them); rather, it is sufficient that such party has the right to dispose of the goods as owner. Naturally, the above applies only in circumstances where both the third and the fourth party in the chain are registered for VAT purposes in the same Member State and the other applicable conditions are fulfilled. At the same time, the judgment also confirms that, where it is established that the taxable person knew or ought to have known that it was participating in a transaction connected with VAT fraud, the competent authorities must refuse the application of the simplification, since the objective conditions are not met.
The judgment provides clarity on the application of the triangulation simplification in cases involving four parties in the supply chain and represents an important step towards harmonizing the interpretation of rules across the EU. It also reiterates that taxpayers must ensure all objective conditions are fulfilled, as the simplification cannot be applied otherwise. Should you need assistance in reviewing your supply chains to ensure correct VAT treatment, our team of tax experts is, of course, happy to support you.