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According to the ECJ in Luxury Trust Automobil (Case C-247/21), the application of the triangular rule requires that the intermediary purchaser indicates, in his invoice, that the recipient is liable for the VAT. The ECJ hence abandons the chosen path of attaching only formal significance to invoice details. "Failed" triangular transactions cannot be cured retroactively. German tax courts have recently answered this question inconsistently. Unfortunately, it remains open whether the simplification for triangular transactions can be applied retrospectively, but without retroactive effect. The next court proceedings are thus pre-programmed.
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The German Federal Fiscal Court comments on the question of how extensive human involvement must be in order to be opposed to an electronically supplied service. In the specific circumstances of a secondary lottery, the German Federal Fiscal Court denied an electronically supplied service due to human intervention, within the framework of determining and paying out winnings, which was considered as not only insignificant. The Federal Fiscal Court judgment is of great practical relevance, not only for secondary lotteries but also as regards the provision of other online services.
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On 08.12.2022, the European Commission published a draft directive for the "VAT in the Digital Age" initiative, which intends to modernize VAT reporting obligations and to impose the use of e-invoicing for cross-border transactions. By implementing digital reporting requirements (DRR), the Commission introduces a transaction-by-transaction reporting system that shall replace the outdated recapitulative statements and provide information to Member States in almost real time. The implementation of mandatory e-invoicing shall form the basis of the DRR.
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