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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.
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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.
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With effect from 01.07.2016, the EU has reduced and partly eliminated import duties for a large number of information and entertainment electronics and electro technology goods (Regulation (EU) 2016/1047 of 28.06.2016). The cost of importation of these goods has therefore reduced significantly. Our newsletter aims to provide you with information on which products are affected by the reduction, within what timeframe further reductions of import duties are to be expected and how you can benefit of these reductions.
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