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The fiscal authorities have worked on the application bulletin regarding the revision of sec. 2b German VAT Act for nearly one year. Although the German Ministry of Finance follows the previous case law of the German Federal Fiscal Court, the fiscal authorities are visibly attempting to lessen the significant effects of the resulting changes. This has culminated in the taxable person having to know what he does according to the “principles of administrative legality”. Even if the public sector still has five more years to adjust, it remains a lot of work. Corporations of public law are now in the main focus of taxation.
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In the EU Commission’s view, the existing rules for e-commerce are too complex and are therefore to be simplified. It proposes abolishing the threshold for distance sales and to instead extend the scope of the application of the Mini-One-Stop-Shop. Accompanying amendments applying to distance sales from third countries to the EU are planned, including VAT exemption for imports up to the value of EUR 150. Meanwhile, VAT exemption for the importation of small consignments (EUR 22), is to be abolished. Furthermore, simplifications for both distance sales and electronically rendered supplies of services are to be implemented, particularly a minimis threshold. Last but not least, the reduced VAT rate should be applicable for the supply of e-books.
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Umsatzsteuer Newsletter 30/2016
Some legislative amendments, which primarily apply to the formal law but will also impact on VAT, will enter into force by the turn of the year. The threshold for invoices for small amounts will be increased from EUR 150 to EUR 200. A shortened retention period of delivery notes is also planned. Whether the latter will be implemented is not yet clear, due to the reluctance of the German Federal Council. The deadline for filing annual VAT returns will be extended until 31 July of the following year, for tax consulted businesses, until the end of February of the second following year. Accompanying this, penalties for late filing will be tightened
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