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VAT News 16/2023
Insurance Premium Tax on guarantee commitments: Tax authorities provide further guidance
As from 1 January 2023, the German tax authorities no longer treat guarantee commitments against payment as subject to VAT but instead as subject to Insurance Premium Tax. The tax authorities developed this perspective following the Federal Fiscal Court’s ruling of 14 November 2018 (XI R 16/17), which has resulted in many uncertainties. Recently, new interpretive FAQs were published by the tax authorities. While some statements surprise, other issues remain unclear. Unfortunately, the FAQs do not provide the legal certainty many had hoped for.
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VAT News 15/2023
Can personal data constitute consideration?
Italy has issued a VAT assessment against Meta (Facebook) arguing that access to the "free" online portal involves barter transactions with users. The users do not pay any money, but they do consent to the collection and use of their personal data. This raises the question of which (other) "free" online services could be subject to VAT. It is particularly important to check whether the users themselves are providing services which are directly related to the services of the online company.
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VAT News 14/2023
Zero VAT rate on photovoltaic systems - The Ministry of Finance’s letter comes with changes
With effect from 01.01.2023, a VAT rate of 0% was introduced by the Annual Tax Act 2022 in sec. 12 para. 3 of the German VAT Act, applicable to the supply, import, intra-Community acquisition and installation of photovoltaic systems and their essential components. The draft of the circular letter published by the German Federal Ministry of Finance at the end of January saw the discussion as to how the requirements for the new regulation are to be interpreted enter its final round. The newly published circular letter differs significantly from the draft on various individual points.
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