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Umsatzsteuer Newsletter 15/2023
Italy has issued a VAT assessment against Meta (Facebook) arguing that access to the "free" online portal involves barter transactions with users. The users do not pay any money, but they do consent to the collection and use of their personal data. This raises the question of which (other) "free" online services could be subject to VAT. It is particularly important to check whether the users themselves are providing services which are directly related to the services of the online company.
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With effect from 01.01.2023, a VAT rate of 0% was introduced by the Annual Tax Act 2022 in sec. 12 para. 3 of the German VAT Act, applicable to the supply, import, intra-Community acquisition and installation of photovoltaic systems and their essential components. The draft of the circular letter published by the German Federal Ministry of Finance at the end of January saw the discussion as to how the requirements for the new regulation are to be interpreted enter its final round. The newly published circular letter differs significantly from the draft on various individual points.
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Influencer marketing has grown into a billion dollar business in recent years. One of the best known platforms is "OnlyFans", where influencers maintain profiles on which they post videos and pictures. Subscribers, or so-called "fans", pay a fee for viewing this content. OnlyFans collects the money and transfers 80% on to the influencers. The ECJ ruled in the case C-695/20 – Fenix International Ltd. (operator of OnlyFans) that, in these circumstances, a deemed supply chain of services exists. Consequently, influencers provide a service to OnlyFans and OnlyFans, in turn, supplies a service to the subscribers. This means that influencers from continental Europe can now invoice the British company Fenix International Ltd. without VAT and claim VAT refunds for past payments. For platforms, on the other hand, the decision sees them being confronted with considerable declaration, VAT payment and record-keeping obligations.
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