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Umsatzsteuer Newsletter 30/2013
Adjustment of VAT clauses in contracts for the purchase of immovable property
In its circular of 23 October 2013, the Federal Ministry of Finance made statements regarding the effectiveness of VAT clauses in contracts for the purchase of immovable property. According to this circular, only unconditional clauses retroact to the time the contract was concluded.
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Umsatzsteuer Newsletter 29/2013
No VAT deduction for players‘ agent commissions?
The German Federal Fiscal Court passed its judgment (XI R 4/11) regarding VAT deduction for players‘ agent commissions on 28 August 2013. The key question is whether the players’ agents render services to the soccer club. The German Federal Fiscal Court considers an exchange of services to be given only in exceptional cases. The German Federal Fiscal Court could not determine whether such an exchange of services did occur in this particular legal case. The German Federal Fiscal Court has remitted this case back to the tax court of first instance.
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Umsatzsteuer Newsletter 28/2013
Scheme for travel agents requires reinterpretation after ECJ decision
Within the EU two different interpretations of the special scheme for travel agents exist, the traveler-based approach and the customer-based approach. In cross-border transactions this could result in double-taxation or non-taxation. In its decisions of 26 September 2013, the ECJ came to the conclusion that the EC-VAT-Directive must be interpreted uniformly by following the customer-based approach. Consequently, the national regulations following the traveler-based approach, like Art. 25 of the German VAT Act, have to be put to the test.
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