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Umsatzsteuer Newsletter 51/2018
"German Annual Tax Act 2018" passed. What will change regarding VAT from 1 Jan 2019?
The "German Annual Tax Act 2018" was passed by the Bundesrat on 23.11.2018. The following changes apply to VAT: Recording obligations and liability for electronic marketplaces are introduced. The law regulates, for the very first time, the taxation of vouchers. The definition of taxable amount is adapted to the VAT Directive. Finally, the Act contains three simplifications for electronic services, as well as for telecommunications and broadcasting services.
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Umsatzsteuer Newsletter 50/2018
ECJ: Invoices not mandatory for input VAT deduction
In its current judgment Vădan (judgment of 21.11.2018 – C-664/16) the ECJ states, for the first time, that the submission of invoices is not a mandatory requirement for the deduction of input VAT. The strict application of the requirement to produce invoices would conflict with the principles of neutrality and proportionality. Hence, taxable persons can also claim input VAT deduction if they are able to prove the necessary (substantive) requirements by means of objective evidence. Taxable persons that were denied the right to deduct input VAT by the tax authorities, due to a lack of invoices, should now (re-)examine whether they can provide objective evidence by other means.
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Umsatzsteuer Newsletter 49/2018
Refund claim of property developers not restricted – Judgement also important for purchasing associations
Numerous legal questions exist concerning the settlement of past property developer cases. The German Federal Fiscal Court recently ruled on one of these issues: A property developer's claim for a VAT refund is not dependent upon whether he has paid the tax amount to the supplier or whether the tax authority can offset it. The findings of the German Federal Fiscal Court are not only positive for property developers but also other business sectors, such as purchasing associations, who could benefit.
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