The application of the margin scheme, in accordance with sec. 25a of the German VAT Act, is subject to strict requirements. Its application therefore involves considerable risks. Recent court decisions in fields such as used car sales, furniture upcycling, and online goods sales demonstrate this to be the case. Resellers wishing to apply the margin scheme should not blindly rely on information from upstream suppliers. The European Public Prosecutor’s Office is currently conducting criminal investigations into this issue in the motor vehicle trade sector.
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