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On 16.12.2022, the Annual Tax Act 2022 was passed, which brings with it a number of VAT related changes. In KMLZ VAT Newsletter 58 | 2022 we provided an overview of these changes. Now, we take a closer look at the changes in sec. 4 no. 1 letter b) of the German VAT Act (UStG) regarding the VAT exemption of intra-Community supplies. The justification for the law contains some interesting details. And in this context, we also look at the amendment to sec. 18 para. 9 UStG, which limits the application of the input VAT refund procedure.
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Umsatzsteuer Newsletter 58/2022
For 2023, the legislator introduces numerous changes to the VAT law. Our current newsletter provides you with a brief overview of these changes.
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Persons who have incorrectly or unjustifiably stated VAT in an invoice (sec. 14c German VAT Act / Art. 203 VAT Directive) can now claim a refund from their tax office more easily in certain instances. Previously, the issuer of the invoice was required to carry out the corrective actions provided for in sec. 14c German VAT Act (e.g. invoice correction). In deviation from this, the ECJ has now ruled that, in certain cases, it is not necessary to take corrective action. For this purpose, it must be established that the invoice issued does not give rise to a risk of input VAT deduction by the recipient of the invoice, e.g. because the recipient is a final consumer. Invoice issuers now have the opportunity to take advantage of the ECJ’s statements.
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