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In the tenth part of our newsletter series on the Annual Tax Act 2020 we focus on the implementation of the reverse charge mechanism on the supply of telecommunication services (= TC supplies), as intended by the legislator. By taking these steps, the legislator intends to curb fraud models. However, the new regulation only applies to TC supplies rendered to a taxable person who himself is a reseller of TC supplies. Companies that buy and/or sell TC supplies must adapt their internal processes and systems accordingly, for both purchases and sales. Meanwhile, a number of unresolved questions and considerable difficulties in application are emerging. The legislator would do well to rework and improve the regulation.
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In the ninth part of our KMLZ Newsletter series on the Annual Tax Act 2020 we present the innovations concerning the VAT exemptions for supplies to the armed forces. In its currently valid version, the VAT Act provides for VAT exemptions for supplies rendered to NATO troops in accordance with sec. 4 no. 7 letters a and b of the German VAT Act. In addition, there is also a tax exemption based on the NATO Status of Forces Agreement, which is independent of the VAT Act. A VAT exemption for troops of EU Member States and military EU missions has not previously existed.
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In the eighth part of our KMLZ newsletter series on the Annual VAT Act 2020 we comment on the extension of the OSS-procedure applicable for all supply of services to non-taxable persons. In particular we explain the effect of OSS to cross-border passenger transportation services and other changes in this context. The simplification rules, as laid down in sec. 5 of the German VAT Implementation Code, are to be abolished. Consequently, as of 1 January 2021, short distances of up to 10 kilometers travelled in Germany will be subject to German VAT. This will result in an additional administrative burden being placed on providers of cross-border passenger transportation.
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