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Umsatzsteuer Newsletter 24/2018
Federal Fiscal Court: Missing information on time of supply can be concluded from the invoice date
In practice, the time a supply takes place, is one of the most common pieces of mandatory information missing from invoices. According to the latest Federal Fiscal Court case law (decision of 01.03.2018, V R 18/17), this missing information may be concluded from the date of issue of the invoice. The prerequisite for this is that according to the circumstances of the respective case, it can be expected that the supply was rendered in the month the invoice was issued.
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Umsatzsteuer Newsletter 23/2018
Deduction of input VAT from advance payments where supply does not ultimately take place
Input VAT deduction from advance payments is part of a taxable person’s daily business. Where the supply does not take place, input VAT deduction can only be denied if the payer, at the time of the payment on account, knew or reasonably should have known that the supply was uncertain (judgement of 31.05.2018, C-660/16 and C-661/16, Kollroß und Wirtl). If the payer only acquires this knowledge later, he must adjust the deduction of input VAT only in circumstances where he recoups the advance payment from the contracting party.
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Umsatzsteuer Newsletter 22/2018
Federal Ministry of Finance withdraws French Fries Decree (Pommes-Erlass)
In its letter of 23.04.2018, the Federal Ministry of Finance withdrew the so called “French Fries Decree”. Until very recently, a supplier established somewhere in the Community territory outside Germany could, under certain circumstances, invoice its German customers with German VAT, even where the recipient of the goods was already known at the beginning of the transport in the country of departure. The Federal Ministry of Finance has cited the avoidance of the risk of tax losses as the reason for the change, which applies to all open cases. The Federal Ministry of Finance has granted German customers a transitional period until 31.12.2018 for deducting input tax.
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