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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.
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All good things come in threes: the changeover to the new regulation of legal entities under public law has, once again, been postponed. This time until 31 December 2026. Time to take care of other things, such as the new regulation of VAT exemption for educational services. Publicly organised educational institutions, as well as non-profit organisations, have a particular interest in ensuring that VAT exemption in this area continues to be guaranteed.
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Instead of the major reform of educational services envisaged in the government draft, in the end, only a small reform has been adopted. Although the certification procedure has been retained, it refers to new content, meaning that all providers urgently need a new certificate. This will be impossible until 1 January 2025. The distinction between educational and professional training, with regard to the existence of a systematic intention to make a profit, has not been implemented. In the commercial education sector, this may lead to unwanted VAT exemption and loss of input VAT deduction. It is also incomprehensible as to why the legislator has failed to resolve the chaos created by the German Federal Ministry of Finance's letter of 29 April 2024 in the online education sector. There is also a short-term need for adjustment here, due to a new place-of-supply-rule.
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