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in VAT practice, a well-known risk persists: Member States interpret the conditions for the simplification of triangular transactions differently. Some only apply the rule if exactly three parties are involved. The German tax administration is more flexible: more than three parties may participate – but the simplification applies only to the last three taxable persons in the chain (sec. 25b para. 2 of the German Administrative VAT Guidelines). Neither restriction can be found in the wording of the EU VAT Directive. Are these limitations even permissible? The General Court makes it clear in its recent judgment of 3 December 2025 (T‑646/24): No.
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For years, social comparability in the provision of services has been a contentious issue with the tax authorities when it comes to the question of VAT exemption for private clinics. In one of its final rulings, the now dissolved XIth Senate of the Federal Fiscal Court (Case No.: XI R 36/23) addresses various individual aspects of this criterion. Although the decision was unfavourable for the clinic involved, the judgment nevertheless offers positive aspects for private clinics seeking VAT exemption.
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Umsatzsteuer Newsletter 46/2025
The following developments have recently taken place abroad: +++ France abolishes limited fiscal representation for non-EU companies +++ Italy grants input VAT deduction on import VAT under certain circumstances, even without ownership of the imported goods +++ Poland sets timetable for mandatory use of e-invoicing system in 2026 +++ Swiss Parliament does not approve planned increase in regular VAT rate on 01.01.2026 +++ Slovakia uses pre-filled tax returns to improve the prevention of tax evasion and grants tax amnesty in 2026
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