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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