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Umsatzsteuer Newsletter 06/2019
Deductible proportion of input VAT from general costs
In its judgment in the legal case Morgan Stanley (C-165/17), the ECJ commented on the calculation of the deductible proportion from general costs. The decision is interesting for reasons beyond the financial services sector, as the ECJ makes generally applicable statements. It concerns the deductible proportion of an establishment rendering taxable output transactions in a Member State; this establishment also uses input supplies for internal supplies to its principal establishment located in another Member State. The principal establishment itself renders taxed and VAT-exempt output transactions.
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Umsatzsteuer Newsletter 05/2019
Quick Fix re chain transactions within the EU – Implementation of a definition and regulations concerning the allocation of the transport
On 4 December 2018, the ECOFIN adopted the so-called Quick Fixes, to operate as of 1 January 2020. The regulations on chain transactions are one central and long-awaited component thereof. However, the new Art. 36a EU VAT Directive only concerns itself with chain transactions within the EU and further restricts itself to cases in which an intermediate party orders the transport. There are no regulations on chain transactions with third countries or regarding cases where the first supplier or the last recipient orders the transport. In any event, companies must now use the time remaining until the end of the year to adapt their processes to the new regulations.
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Umsatzsteuer Newsletter 04/2019
Quick Fix regarding consignment stocks – Implementation of a EU wide simplification rule
On 4 December 2018, the ECOFIN adopted the so-called Quick Fixes, to operate as of 1 January 2020. These also include an EU-wide simplification rule for consignment stock cases. Standardisation and simplification are of course to be welcomed. However, it should be noted that the recent case law of the Federal Fiscal Court remains applicable. In addition, entrepreneurs must consider how the various requirements can be fulfilled in practice on a permanent basis. Alternatively, they will have to consider whether and how to actively deselect the application of the simplification rule in order to avoid inconsistencies.
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