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The legislator is serious about the draft 2025 Tax Amendment Act: eating out is set to become cheaper again, as from 1 January 2026. The (re)introduction of the reduced VAT rate is planned, at least for the supply of restaurant and catering services.
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Umsatzsteuer Newsletter 34/2025
In its eagerly awaited judgment in the Arcomet Towercranes case, the ECJ clarifies when compensation payments, aimed at adjusting profit margins to the arm’s length principle, may constitute remuneration for a taxable supply. The Court’s classification could have implications for many businesses. Multinational groups should review how transfer pricing adjustments currently interact with VAT and whether the judgment gives rise to any need for action. The ECJ’s findings on the uncertain nature of the provision of payment and the need for further evidence to support input VAT deduction are also relevant beyond the context of transfer pricing.
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The Lower Saxony Fiscal Court denies a deemed reseller model according to sec. 3 para. 11a of the German VAT Act in the case of NFT sales via a digi-tal marketplace. The Fiscal Court classifies NFT sales as electronically sup-plied services, but does not consider the digital marketplace as being part of a reseller model. The beneficiaries are digital marketplaces, which merely provide intermediary services for VAT purposes despite their technical in-volvement in the sales process.
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