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Umsatzsteuer Newsletter 08/2023
Ministry of Finance letter on Platform Tax Transparency Act (PStTG - implementation of DAC7 Directive)
New acts regularly lead to questions of application. This is also the case with the Platforms Tax Transparency Act, which has been in force since 01.01.2023 and stipulates comprehensive reporting obligations for digital platforms. Even though the Ministry of Finance answered many application questions in its circular of 02.02.2023, some practical questions still remain open.
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Umsatzsteuer Newsletter 07/2023
Federal Ministry of Finance: When is VAT chargeable on partial supplies and instalment payments?
In its letter of 14 December 2022, the German Federal Ministry of Finance (BMF) responds to the recent jurisprudence of both the German Federal Fiscal Court (BFH) and the ECJ on the incurrence of VAT in the case of partial supplies and instalment payments. The BMF follows the BFH’s decision. Thus, even in the case of agreed instalment payments, VAT is already chargeable, in full, at the time the supply is rendered. Taxable persons seeking to control the incurrence of VAT will have to think about alternative structuring.
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Umsatzsteuer Newsletter 06/2023
Research institutions receive windfall from Berlin
By means of its letter of 27.01.2023, the German Federal Ministry of Finance intends to uniformly regulate VAT issues regarding the scope of input VAT deduction for research institutions. The tax authorities will henceforth be very generous in their treatment. Universities, specialist colleges and also non-university research institutions will be able to claim input VAT deduction to a much greater extent than previously. This applies not only as regards the future, but also to the past. The recommendation is therefore: Check the possible source of funding!
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