Umsatzsteuer Newsletter

Search

In its judgment of 06.04.2016 – V R 12/15, the Federal Fiscal Court decided a case concerning sale and lease back transactions. The lessee developed an intangible asset which it was not permitted to enter in its balance sheet. Only as a result of establishing sale and lease back transactions, was the lessee ultimately able to include the cost of its item as an asset in its balance sheet. According to the Federal Fiscal Court, a contribution to the lessee’s balance sheet is deemed to be a taxable supply of services by the lessor.
mehr
Umsatzsteuer Newsletter 20/2016
Following the ECJ decision in the proceedings Larentia + Minerva – judgment of 01.06.2016 (XI R 17/11), the Federal Fiscal Court has now handed down a second decision. It has determined that a management holding company is entitled to full deduction of input VAT amounts incurred in connection with the acquisition of shares in a subsidiary. It reiterates that a limited partnership, with a limited liability company as a general partner, (in the following: GmbH & Co. KG) is deemed to be a potential controlled company. We are pleased to hear that the XI Senate – unlike the V Senate – considers an organizational integration to be possible, even in the absence of the right to intervene.
mehr
What does "full address" actually mean? According to the German Federal Fiscal Court, it must be an address at which an "economic activity" takes place. VAT deduction is therefore not possible if an invoice only provides an accommodation address or a PO Box address. The ECJ’s recent judgment, in a Polish case, appears to indicate that it does not set similarly strict requirements. The Fifth and Eleventh Senates of the German Federal Fiscal Court have thus now referred their interpretation to the ECJ.
mehr

Pages