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Among other things, the draft bill of the Annual Tax Act 2024 aims to bring two VAT exemption provisions into line with Union law. Sec. 4 para. 8 lit. a and g of the German VAT Act is to be amended in line with the clear wording of the EU VAT Directive to include the management of credits and credit guarantees by the creditor. Additionally, the draft bill concerns the VAT exemption of business operating aid for farmers and foresters. Sec. 4 para. 27 lit. b of the German VAT Act should be made neutral in terms of legal form and in line with Union law to the extent that it covers services provided by individual operational helpers acting as sole proprietors.
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Fortunately, the draft of the Annual Tax Act 2024 provides for a new version of the VAT exemption for educational services. Sec. 4 no. 21 of the German VAT Act will be completely reformed. This is well overdue following the failed reform efforts as part of the 2013 and 2019 Annual Tax Acts. The certification procedure is now to be abolished and the regulation adapted to Union law and ECJ jurisprudence. All providers of educational services are required to review their catalogue of services in light of the planned new regulation.
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According to the draft bill of the Annual Tax Act 2024, event services shall no longer be taxed at the event location if the participation is only virtual. In the case of a virtual participation, the place of supply shall be determined by the registered office (B2B case) or place of residence, domicile or habitual residence (B2C case) of the participant. Event organisers must prepare themselves for this and request the relevant information from participants.
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