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Umsatzsteuer Newsletter 26/2013
News from the Federal Fiscal Court regarding chain transactions
On May 2013, the XI. Senate of the German Federal Fiscal Court passed its latest judgment regarding chain transactions. It is the subsequent decision to the ECJ’s judgment regarding the legal case VSTR (judgment of 27 September 2012 – C-587/10). The key question is about determining to which of the supplies the transport should be ascribed if the middle entrepreneur transports or dispatches the goods. The XI. Senate rejects the jurisdiction of the V. Senate and its assignment criterion. From the XI. Senate’s perspective, the German VAT administrative guidelines contradict the ECJ’s jurisdiction.
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Umsatzsteuer Newsletter 25/2013
Provision of a company car abroad to become more expensive
The fiscal authority is to impose VAT on the cross-border provision of a company car at the residence of the final consumer. This means that the German employer now has to pay foreign VAT if employees in Germany, who have their residence in another EU member state, receive a company car which is also for private use.
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Umsatzsteuer Newsletter 24/2013
Entry certificate: Non-objection deadline extended
The Federal Ministry of Finance’s final circular has been released and provides much needed relief in many aspects. However, the fiscal authority does not accommodate the tax payer in all aspects. The amended “non-objection provision” stands out as being the most potentially important change.
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