According to the ECJ decision of 08.02.2018, the taxation of travel service, in accordance with sec 25 of the German VAT Act, is contrary to the VAT Directive. Hence, Germa-ny will have to amend sec 25 of the German VAT Act. On the one hand, the scope of the margin taxation will have to be expanded to cover the supply of B2B services. On the other hand, the possibility of taxing the travel services, based on an overall margin will have to be denied. Until then, it should be borne in mind that double taxation or double nontaxation might apply to cross-border supplies. A positive outcome could be reached by referring directly to ECJ case law. For calculations and offers, as well as contracts, which relate to future projects, the planned tax changes should, as a precaution, be taken into consideration. However, there are also other outstanding issues.
In its decision of 18.01.2018 in the case Stadium Amster-dam CV – C-463/16, the ECJ decided, that the same VAT rate must be applied to a single supply. A single supply may not be divided, for the purpose of applying both the standard VAT rate and the reduced VAT rate. Accordingly, the obligations to split the VAT rate, which are standardized in the national VAT law, violate Union law. This affects the obligations of splitting e.g. regarding accommodation services with breakfast/parking spaces, letting of immovable property with operating facilities and letting of sports facilities to another taxable person.
In the case C-462/16 – Boehringer Ingelheim the ECJ has decided that a reduction of the taxable base is given although the person who benefits from the granted discount is not a recipient of the goods. The ECJ case was regarding discounts for the supply of medicine granted by pharmaceutical companies to private health insurance companies. The pharmaceutical companies can now expect a VAT refund. Other companies may also benefit from this judgement, in cases where they grant discounts to persons who are not part of the supply chain.
The customs law was slightly amended at the turn of the year. The customs tariff, as well as tariff suspension and tariff quotas were affected by these changes. The amendment to the customs tariff was not only editorial in nature, rather the tariff rates applicable to different prod-ucts were adjusted/reduced. Further, the formalities for issuing certificates of origin were changed. Both, the APS and CETA now require, in certain cases, the status of a registered exporter (REX).
We wish you all a successful 2018 (VAT) year! Although the turn of the year 2017/2018 has not resulted in any major VAT changes, some action may, nevertheless, be required. On one hand, certain transitional arrangements expired on 31.12.2107. On the other hand, taxable persons need to act during the course of 2018 in order to ensure that necessary measures and amendments are implemented prior to the expiration of other transitional arrangements on 31.12.2018.
FRANCE does not have a filing deadline for VAT refund applications and implements obligation of electronic in-voicing +++ ITALY shortens period for claiming input VAT deduction +++ CROATIA regulates correction possibilities and implements simplifications as regards import VAT +++ NORWAY increases the reduced VAT rate +++ POLAND postpones implementation of the Split-Payment-System +++ ROMANIA concretizes scope of application of the Split-Payment-System +++ HUNGARY publishes details regarding the obligatory electronic transmission of invoice details
More than three years ago, the Federal Fiscal Court de-cided that hospital treatments carried out by private hospitals could be VAT exempt. To date, the legislator has not amended the German VAT law in this regard, which is contrary to European law. In its current decision, the Federal Fiscal Court points to a possible VAT exemption, based on Union law, for medical care centers which are not licensed in accordance with sec. 95 of the Social Security Code V.
The German Ministry of Finance has implemented the Court’s legislation of 11 November 2015 – V R 37/14, according to which, VAT exemption following sec. 4 no. 12 sentence 1 lit. a German VAT Act also includes the leasing of furnished rooms or buildings if the leasing is long-term. Landlords are required to implement this new legislation from 1 January 2018. Input VAT adjustments following sec. 15a German VAT Act must be made if necessary.
On 05.12.2017 the EU Finance Ministers adopted one Directive and two Regulations. These statutes will make it easier for e-commerce businesses to comply with VAT law. The MOSS procedure will, inter alia, be expanded to include distance sales. Platforms for distance sellers will be held liable for sales carried out by external merchants. A threshold for the supply of B2C services will be implemented and a lot more is introduced…
Following the German Federal Fiscal Court’s decision, liability according to sec 25d para 1 German VAT Act is subject to significant obstacles. The recipient can be held liable for VAT for supplies on a previous stage in the supply chain only in exceptional circumstances. It is not enough that the acquirer is aware that the supplier is under criminal investigation. Evidence proving that the acquirer knew of the supplier’s intention not to pay VAT for the specific revenues when contracting is a precondition for the VAT liability of the acquirer.