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On July 11, 2019 the German Federal Ministry of Finance published the final version of the revised Circular on the principles for the orderly keeping and retention of books, records and documents in electronic form and for data access. The revision has become necessary in order to update the Circular, which has now been valid for almost 5 years, to reflect technical developments and to eliminate the resulting legal uncertainties. In particular, there are simplifications in the area of digitisation of documents and conversion of electronic documents as well as the keeping of electronic records abroad. At the same time, the importance of procedural documentation is being brought further into focus.
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What is the extent of the direct and immediate link, which must exist between an input supply and a taxed output supply, in order for a taxpayer to be entitled to input VAT deduction from the input supply? The German Federal Fiscal Court had the opportunity to comment on this question - following on from the ECJ’s case law in Iberdrola and Sveda. However, it decided to flip the matter over Luxembourg and - in addition to two further questions - refer the question regarding the link to the ECJ (Ref.: XI R 28/17). Even if the Federal Fiscal Court has not committed itself, this referral can be seen as a positive sign that it may, in the future, be prepared to broaden the concept of what it considers to be a direct and immediate link. This opens up new sources of input VAT for taxpayers – especially in the case of infrastructure construction works.
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Umsatzsteuer Newsletter 31/2019
PORTUGAL obliges to register in central register of beneficial owners and extends deadline for application of certified invoicing software +++ HUNGARY allows input VAT deduction before registration +++ CHILE stops introduction of digital tax +++ GREECE plans real-time reporting of invoices +++ AUSTRIA plans tax on digital advertising revenues and postpones introduction of margin scheme on B2B travel services +++ POLAND publishes new draft law on split payment and postpones introduction of new SAF-T +++ SLOVAKIA reduces VAT rate for accommodation services
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