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The Ministry of Finance published a circular dated 26 September 2014 regarding the amendments to the German VAT Act by the Act for the adjustment of national tax law resulting from the EU accession of Croatia (Croatia Act). This Act came into force on 1 October 2014. The most important change refers to the reverse charge scheme acc. to sec. 13b of the German VAT Act regarding construction work, the supply of tablet computers, game consoles and metal. Along with some clarifying instructions, this circular includes, an interim regulation for supplies rendered before 1January 2015.
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Umsatzsteuer Newsletter 21/2014
To date, supplies carried out in the form of services between a company’s head office and its foreign fixed establishment, have been treated as non-taxable supplies. The principle of unity of the taxable person even applied internationally. The ECJ has now restricted this principle. The reverse-charge-system may apply if the foreign establishment belongs to a VAT group in another country.
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The fiscal authorities are increasing their focus on VAT fraud by means of an information leaflet setting out 40 warning signs which is being distributed to selected en-trepreneurs. In this information leaflet, the fiscal authori-ties have listed numerous circumstances which they consider to be suspicious as regards fraudulent VAT activities and which entrepreneurs have to take into consideration when initiating business transactions. According to the fiscal authorities, if these warning signals are ignored this might suggest involvement in fraudulent VAT activities and lead to the refusal of VAT deduction or tax exemption of intra-Community supplies.
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