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Umsatzsteuer Newsletter 10/2018
Federal Fiscal Court confirms 6% rate interest on tax arrears
According to the Federal Fiscal Court, a fixed interest charge of 6% per annum on tax arrears does not violate the general principle of equal treatment or the prohibition of excessiveness. Following sec 233a and sec 238 German Federal Fiscal Code, interest is due if a tax assessment leads to a subsequent payment in respect of an earlier tax assessment. Nevertheless, there is hope: The decision was applied to income tax in 2013. As VAT is based on European law, different stipulations could be applicable to it.
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Umsatzsteuer Newsletter 09/2018
VAT exemption for the management of investment funds
As from 01.01.2018, the new version of sec 4 no 8 lit. h of the German VAT Act applies to the VAT exemption for the management of investment funds. According to this new legal position, the scope of the VAT exemption is broader than it has previously been. In particular, the management of AIFs could be subject to changes. The precise limits are, however, currently unclear. Investment fund managers should keep an eye on the implications of the broader VAT exemption on their input VAT deduction.
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Umsatzsteuer Newsletter 08/2018
ECJ: Subjective knowledge and protection of legitimate expectations in chain transactions
To date, it has not been possible to ascribe the transport in a chain transaction in a legally watertight way Hence, the ECJ`s decision in the case Kreuzmayr (C-628/16) has been eagerly awaited. In its decision, the ECJ confirmed that the purchaser’s subjective knowledge (provided that it is supported by objective evidence) must be taken into account but not only that of the supplier. Any stated intention made by an intermediary operator as regards a further sale is therefore irrelevant, even if it could have been assumed following the ECJ decision in the case Toridas (C-68/16). Further, the ECJ denies protection of legitimate expectations where a chain transaction was wrongly evaluated.
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