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VAT groups are an ongoing source of questions. The ECJ has just found it permissible, under Union law, for a controlling company to be the taxable person under national law. Meanwhile, the next legal question of considerable significance has already arisen: Are intra-group supplies really non-taxable? This question was recently referred to the ECJ by the V. Senate of the German Federal Fiscal Court. In comparison the XI. Senate’s change in jurisprudence, according to which a majority of voting rights is no longer required for financial integration, becomes almost insignificant.
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As from 1 January 2023, the German tax authorities no longer treat guarantee commitments against payment as subject to VAT but instead as subject to Insurance Premium Tax. The tax authorities developed this perspective following the Federal Fiscal Court’s ruling of 14 November 2018 (XI R 16/17), which has resulted in many uncertainties. Recently, new interpretive FAQs were published by the tax authorities. While some statements surprise, other issues remain unclear. Unfortunately, the FAQs do not provide the legal certainty many had hoped for.
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Umsatzsteuer Newsletter 15/2023
Italy has issued a VAT assessment against Meta (Facebook) arguing that access to the "free" online portal involves barter transactions with users. The users do not pay any money, but they do consent to the collection and use of their personal data. This raises the question of which (other) "free" online services could be subject to VAT. It is particularly important to check whether the users themselves are providing services which are directly related to the services of the online company.
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