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Customs Law
Environmental Taxes
Excise Duties
Insurance Premium Tax
VAT
Datum (field_datum)
The digital age of VAT could soon be upon us. The EU Commission's proposal for a Directive of 8 December 2022 had envisaged comprehensive changes for the platform economy, reporting obligations and electronic invoicing as well as a single EU VAT registration. However, this was criticised and objected to by some of the Member States. A compromise proposal is now on the table, which the ECOFIN Council is going to discuss at its meeting on 14 May 2024. According to reports, a political agreement on the proposal is within reach. If this is not achieved immediately, the meeting on 21 June 2024 would be the next opportunity. As soon as the EU Council has reached an agreement, we will inform you, in detail, concerning the upcoming changes. In this newsletter, we would like to give you a brief overview of the currently suggested new timetable and compromise proposals.
Sales mark-ups for group insurance policies may be subject to Insurance Premium Tax (IPT), but do not have to be. In a recently published judgement, the Fiscal Court Köln commented on the issue of IPT on sales mark-ups and opposed the tax authorities view. The IPT for sales mark-ups was rejected. Now it is up to the Federal Fiscal Court. After its last ruling from 2016 concerning sales mark-ups, the Federal Fiscal Court will now have the opportunity to provide more clarity for taxpayers.
In electricity tax law, the concept of “installation” is an ongoing source of debate. Most recently, the Düsseldorf Fiscal Court (judgement of 21 February 2024 (4 K 1324/22 VSt)) had to deal with this issue in the context of the electricity tax exemption for electricity generated from renewable energy sources. The end result of this being that, once again, limits have been set for the customs administration.
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