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In its judgement of 25.07.2018 in the legal case C-140/17 the ECJ ruled that a municipality can become entitled to input VAT deduction by virtue of a subsequent allocation decision. According to the ECJ, an input VAT correction is not ruled out merely because the public body used an asset exclusively on behalf of the government at the time of its acquisition. The ruling gives hope to both public and private bodies that the previous static allocation of assets to the non-economic sector, at the time of their acquisition, will ultimately become a thing of the past.
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Operators of electronic marketplaces shall be held liable for the VAT owed by other companies who used the marketplace to sell goods in Germany without paying VAT. According to the government's draft of the law to avoid VAT shortfalls on the trade with goods on the Internet, operators are to be encouraged to cooperate only with companies who can prove they are registered in Germany. Otherwise the operators may be held liable for the VAT not paid.
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In its judgment of 25.07.2018 (C-05/17) the ECJ decided that a service provider does not provide VAT-exempt payment and transfer transactions by the mere act of direct debiting and forwarding of money. This case is yet another ECJ ruling which finds that outsourced financial service supplies are subject to VAT. Cost advantages are nullified by VAT liability in this area for certain sectors like banks, insurance companies and doctors.
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