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The 8th Senate of the German Federal Fiscal Court has joined the 9th Senate. It also voiced serious doubts that the interest rate of 6% p.a. in sec 238 para 1 of the German General Fiscal Code is constitutional. According to the 8th Senate, this has even applied since (November) 2012. The German Federal Constitutional Court plans to decide on this question before the end of the year. Until then, taxpayers should appeal against all interest assessments and apply for suspension of enforcement.
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With its judgement of 17 October 2018 in the Ryanair case, the ECJ confirmed that holding companies do not play a special role in VAT law. The only signifi-cant factor is whether they are taxable persons within the scope of the VAT Directive. The tax authorities should now rethink. The mere denial of the right to deduct input VAT with reference to the holding structure is not permitted. However, holding companies should also assess their VAT status if they want to avoid expensive surprises.
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Umsatzsteuer Newsletter 41/2018
On 18 October 2018, the ECJ ruled in the Volkswagen Financial Services Case. It concerned the deduction of input VAT from company overheads (e.g. IT infrastructure, offices and office supplies) with exempt and taxable output supplies. The taxable person paid general costs using funds from exempt output supplies. However, this was found not to prevent the formation of a direct link with the taxable activity. The ECJ therefore, once again, confirms that the direct connection between input supplies and taxable output supplies must be viewed broadly.
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