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The Federal Fiscal Court recently decided that the option for taxation for the supply of immovable property is only permissible in the notarized contract regarding this supply of immovable property. A subsequent option is invalid. This does not change, even in the instance of the existence of a notarized attested option. The Federal Fiscal Court’s decision contradicts the current opinion of the fiscal authorities. It remains to be seen whether the fiscal authorities will share the Federal Fiscal Court’s view. Until then, it should be examined carefully whether the option for taxation is necessary and if so it should be included in the notarial purchase contract.
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Umsatzsteuer Newsletter 05/2016
At the end of October 2015, the EU Commission rejected an application to generally apply the reverse charge scheme to all supplies valued at more than EUR 10,000. Thus, some member states are still trying to extend the reverse charge scheme’s scope to the extent permitted by the EU VAT Directive. Austria has developed its regulations as regards chain transactions and triangular transactions and with respect to travel service supplies.
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The settlement of past property developer cases is in full swing. For the first time, the Federal Fiscal Court comments on the unconstitutionality of sec 27 para 19 of the German VAT Act. The Court considers it to be possible and grants the supplier of property development services suspension of enforcement. The tax court in Lower Saxony has just denied the unconstitutionality in a recently published principle proceeding. There is also a first civil-law decision available. It confirms the supplier’s civil claim vis a vis the property developer.
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