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The requirements for the existence and involvement of fixed establishments are regularly put to the test. The Italian tax authorities recently ruled (once again), in the context of a binding tax ruling, on the involvement of a fixed establishment in the provision of an intra-Community supply of goods by the company’s headquarters. The decision is a remarkable one.
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The German Federal Fiscal Court was recently required to deal with the issue of the transfer of voucher codes for the purchase of digital content both under the old legal situation, up until 31 December 2018, and under the new legal situation, as from 1 January 2019. With respect to the old legal situation, the Federal Fiscal Court assumes that the transfer of voucher codes is subject to down payment taxation and that the place of supply of the service, to which the voucher relates, is sufficiently defined. For the new legal situation, however, the Federal Fiscal Court has expressed general doubts concerning the interpretation of the criterion of the ‘known place of supply’ in the case of vouchers for the supply of services, and has thus turned to the ECJ for guidance.
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In a recently published judgment, the German Federal Fiscal Court (BFH) deals with the 2006 VAT exemption for private hospitals. In referring the case back to the Fiscal Court, the BFH provides some guidance on how the VAT exemption should be examined, specifically in terms of the 40% quota. The Federal Ministry of Finance considered this quota to be a prerequisite for the VAT exemption dating from the year 2009. The legislator then incorporated it into the German VAT Act. As a result, the judgment is also of interest for more recent filing periods. It can provide support regarding the justification for VAT exemption of supplies rendered by private hospitals.
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