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In recent years, blockchain technologies have opened up new sources of income extending beyond the now well-known trading of cryptocurrencies. In terms of direct taxation, some application issues were clarified in the German Federal Ministry of Finance's letter of 10.05.2022. In terms of VAT, the tax authorities have not yet managed to untangle non-fungible tokens (NFTs), validation of transactions through so-called staking pools, "gifting" of tokens (airdrops), metaverse transactions, to name just a few. According to rumours, the tax authorities are now upgrading internally and forming expert groups for the VAT taxation of the crypto world. Players in Web 3.0 are urged to assess their business models using the VAT scheme of the analogue world.
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The requirements for the existence and involvement of fixed establishments are regularly put to the test. The Italian tax authorities recently ruled (once again), in the context of a binding tax ruling, on the involvement of a fixed establishment in the provision of an intra-Community supply of goods by the company’s headquarters. The decision is a remarkable one.
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The German Federal Fiscal Court was recently required to deal with the issue of the transfer of voucher codes for the purchase of digital content both under the old legal situation, up until 31 December 2018, and under the new legal situation, as from 1 January 2019. With respect to the old legal situation, the Federal Fiscal Court assumes that the transfer of voucher codes is subject to down payment taxation and that the place of supply of the service, to which the voucher relates, is sufficiently defined. For the new legal situation, however, the Federal Fiscal Court has expressed general doubts concerning the interpretation of the criterion of the ‘known place of supply’ in the case of vouchers for the supply of services, and has thus turned to the ECJ for guidance.
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