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On 08.12.2022, the European Commission published a draft directive for the "VAT in the Digital Age" initiative. The changes concern the treatment of the platform economy, the VAT reporting obligations and e-invoicing, as well as the uniform EU VAT registration. In a short series of newsletters to be published over the next three days, we will explain the different changes resulting from the draft directive. In this newsletter, we provide an overview of the new deemed reseller model for short-term accommodation rental and passenger transport, as well as the extension of the deemed reseller model for online marketplaces.
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Time and again, the tax authorities have denied input VAT deductions to taxable persons because they should have known, had they exercised due diligence, that they were participating in tax evasion with their supplies. In this context, the ECJ has now ruled that taxable persons are not required to carry out complex and comprehensive checks on their business partners, such as those that can normally only be performed by the tax administration (judgment of 01.12.2022 – C-512/21 – Aquila Part Prod Com). At the same time, however, the ECJ held that taxable persons must accept responsibility for the knowledge of an appointed third party of a tax evasion in the chain of transactions.
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The ECJ judgment of 1 December 2022 in the case of Finanzamt T allows public bodies and non-profit organisations a great deal of leeway. According to the ECJ, the VAT group also includes the non-economic (sovereign and “idealistic”) sector and there is no taxation in the form of a supply carried out free of charge. Even though the ECJ has not explicitly ruled on the non-taxable nature of internal transactions, there are numerous arguments in favour of their being non-taxable.
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