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Umsatzsteuer Newsletter 09/2013
VAT deduction: Application of latest ECJ jurisdiction by the Federal Fiscal Court remains unclear
In its decision of 18 February 2013, the Federal Fiscal Court had to decide on an issue that appears frequently in advisory business: The tax authorities denied VAT deduction for goods purchased by the complainant K by arguing the goods were part of a VAT fraud. Although K explicitly referred to the European Court of Justice’s (ECJ) latest jurisdiction regarding VAT deduction, the Federal Fiscal Court was not able to directly refer to this issue due to K’s failures in the previous instances
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Umsatzsteuer Newsletter 08/2013
7 % or 19 % VAT on food and drinks?
On 20 March 2013, the German Ministry of Finance released the long awaited circular regarding the taxation of food and drinks. The circular starts by providing general information about when the reduced VAT rate of 7% will apply and subsequently goes on to give 16 examples, with a view to assisting the understanding of what is involved. The applicable VAT rate depends on the specific details of each of the sales processes. Entrepreneurs should take this into consideration when organizing the sale process.
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Umsatzsteuer Newsletter 07/2013
VAT groups - need for action
On 7 March 2013, the German Ministry of Finance passed the long awaited administrative circular on VAT groups. The tax authority has changed its opinion on the characteristics of organizational links. The new principles will apply from 01 January 2014. Companies should therefore make use of the transitional period and check whether they comply with the requirements for a VAT group.
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