The issue of vouchers by voucher portals regularly constitutes intermediary services. In its recently published judgement of 5 September 2024 (V R 21/23), the German Federal Fiscal Court took a closer look at when these services are provided and at which amount they are to be taxed. The judgement was issued under the old legal situation. However, it is also relevant for the new legal situation and offers potential for structuring, particularly with regard to multi-purpose vouchers.

Coin dealers, art dealers and gallery owners are likely to feel mixed emotions in response to the VAT law changes introduced by the Annual Tax Act 2024. From 1 January 2025, the supply, the intra-Community acquisitions and the importation of works of art and collectors' items will be subject to the reduced VAT rate. However, from this date, the margin scheme will no longer be applicable to works of art, collectors' items and antiques if the preceding supply to the reseller was subject to the reduced rate. Dealers and gallery owners are advised to reassess their current supply chains under VAT law and, if necessary, restructure and optimise them.

The Annual Tax Act 2024 brings significant changes for small businesses. The turnover limits will be raised to EUR 25,000 and EUR 100,000 and be considered net limits. And from 2025, small businesses from other EU countries may benefit from a new EU small business exemption in Germany, as will German businesses in other EU countries. In addition, a special reporting procedure and a new small business identification number will be introduced for German taxpayers who make use of the small business exemption in other EU countries. Unfortunately, the new administrative requirements and the lack of uniform thresholds in the individual EU countries will lead to increased complexity and make the application of the new regulation less attractive.