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Customs Law
Environmental Taxes
Excise Duties
Insurance Premium Tax
VAT
Datum (field_datum)
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.
In cross-border situations, it is often the case that you only have limited information about your business partners. Nevertheless, as a supplier, you must ensure that the VAT treatment of the supplies is correct. You must therefore trust that the information provided is correct. Obtaining the correct information from the customer is, in practice, not always easy. The current Federal Fiscal Court ruling of 31 January 2024 - V 20/21 deals with the question of what to do in such a case.
Following a referral from the German Federal Fiscal Court, the ECJ has published its second judgment on the application of the still relatively new voucher regulations (ECJ, judgment of 18 April 2024 – C-68/23 – Finanzamt O). While the judgement provides clarification on the requirements for single-purpose vouchers, there remains substantial uncertainty as to where their B2B-resale is to be taxed.
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