Key legal question
Whether a consumer may request a VAT refund decision under Art. 63 MWSTG
Extracted holding
No. Only a VAT taxable person within Art. 21(1) MWSTG may demand a decision under Art. 63(1) MWSTG; a consumer who merely bears passed-on VAT has no such entitlement.
Extracted reasoning
Passing on VAT to the purchaser does not make the purchaser a taxable person. Between the tax administration and mere recipients of taxable supplies no legal relationship exists that would entitle or oblige the administration to decide on their rights or duties.