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Shortly before its dissolution, the XIth Senate of the German Federal Fiscal Court (BFH) left taxpayers with a parting gift: in a landmark judgment on input VAT deduction, it paved the way for the transition from the special refund procedure for non-established businesses to the general assessment procedure. In doing so, the BFH not only further developed the principles distinguishing between the arising and the exercise of the right to deduct input VAT, but also reinforced the practical implementation of the VAT neutrality principle – a highly welcome development. As a result, both the substantive and formal restrictions of the refund procedure can, in certain cases, be circumvented.
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The Federal Ministry of Finance has published the long-awaited application letter on the new legal regulations for educational services. Many providers, including music and language schools, can look forward to a broad interpretation of the law. However, most providers will now need a professional connection in order to apply the VAT exemption. (Re-)Training providers and swimming schools, among others, will be subject to transitional arrangements. However, the certification procedure, online education offerings, and the Distance Learning Protection Act continue to cause headaches.
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The ECJ ruled yesterday in the case of Brose Prievidza that the supply of a tool constitutes an independent supply and is not deemed to be ancillary to the supply of the series parts manufactured using the tool. The judgment is commendably clear and should make it easier in the future for businesses to obtain input VAT refunds on the purchase of tools. While there may be a wide variety of practical case constellations, the ECJ’s reasoning is in part so broadly formulated that it is likely to be relevant for other cases as well. The German Federal Ministry of Finance will have to reconsider its current position.
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