Umsatzsteuer Newsletter

Search

Umsatzsteuer Newsletter 21/2022
Federal Fiscal Court changes jurisprudence on VAT exemption for sport
In its decision of 21 April 2022, the Federal Fiscal Court abandoned its previous generous case law on supplies in the sports sector. The national VAT exemption rule was classified as basically in conformity with EU law. The ruling also makes it clear that Union law allows the German legislator to exercise a quite generous scope of discretion. However, as long as the legislator does not make use of its possibilities in favour of sports clubs, taxable persons in the sports sector can no longer invoke Union law.
mehr
Umsatzsteuer Newsletter 20/2022
Federal Ministry of Finance: The Reemtsma claim – aid in cases of failed input VAT deduction?
In its letter of 12 April 2022, the Federal Ministry of Finance commented, for the first time, on the ECJ judgment of 15 March 2007, the so-called direct claim (“Reemtsma claim”). Here, under certain conditions, recipients are granted a refund claim against the tax office, similar to input VAT deduction. However, the Federal Ministry of Finance has significantly restricted this claim. Union law is likely to oppose this narrow understanding of the Reemtsma claim.
mehr
Umsatzsteuer Newsletter 19/2022
ECJ on the classification of city cards as (multi-purpose) vouchers
In its recent ruling on city cards, the ECJ was given its first opportunity to comment on the application of the VAT Directive's voucher regulations, as they are in effect since 1 January 2019. The key question was whether city cards can even be classified as vouchers. While the ECJ went on to find that it is possible for the city card in question to be classified as a voucher, specifically a multi-purpose voucher, it failed to establish any general principles, resulting in the loss of an opportunity to create some degree of legal certainty for the treatment of comparable instruments.
mehr

Pages