Since the introduction of the Mini One Stop Shop (or “MOSS”), tax audits have been a significant but unresolved issue. Member States have not (yet) been able to agree on harmonized rules. Neither the EU VAT Directive nor the VAT Implementation Regulation contain any corresponding provisions. A leaflet published by the German Ministry of Finance on cross-border tax audits now answers some of these questions, at least from a German perspective.

The German Federal Fiscal Court has now published another decision regarding a consignment stock case (V R 1/16). In this case, the German Federal Fiscal Court denied a direct delivery because there was no binding purchase contract in place at the beginning of the transport to the stock. The German Fiscal Court remained true to its principles, which is hardly surprising (see KMLZ Newsletter 03/2017). Another finding of the German Federal Fiscal Court is also interesting: A remuneration which was agreed on by mistake, without VAT, represents a gross amount, from which VAT needs to be subtracted. This is not only relevant for consignment stock cases, but for all cases in which VAT is required to be subsequently paid.

AUSTRIA deals with chain transactions, the simplification for intra-Community triangulations and minimum invoice requirements +++ BELGIUM abolishes advance payments if quarterly VAT returns are filed +++ FRANCE plans real-time reporting of sales +++ HUNGARY plans obligation to electronically transmit invoice details +++ LATVIA obliges newly registered companies to submit monthly VAT returns +++ SPAIN implements real-time reporting of sales as of 1 July 2017 +++ SWITZERLAND amends regulations regarding tax liability and plans referendum on reduction of VAT rates