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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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The issue of personal liability for VAT debts repeatedly plays a significant role, particularly in insolvency proceedings. In a recent decision, the Federal Fiscal Court held that insolvent taxable persons are not liable for VAT debts that arise solely from actions taken by the insolvency administrator (XI R 23/22). Any post-insolvency liability of the taxable person is limited to the insolvency estate. In this respect, the decision provides some reassurance for taxable persons. However, the potential liability of the insolvency administrator remains unaffected.
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