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The tax court Düsseldorf’s recent decision, in a case involving consignment stock, repeated the earlier findings of other tax courts. It confirmed that the circumstances of the specific single case are relevant, particularly, as to whether legally binding orders exist prior to the transfer of the goods to the stock. Only confirmation by the Federal Fiscal Court is, as yet, missing. Meanwhile, the Upper Tax Authority of Frankfurt am Main included these findings in its administrative circular regarding consignment stocks. The Authority also now allows the suspension of proceedings, in the case of appeals. The Upper Tax Authority also extended the list of countries accepting simplifications for consignment stocks, which are also acknowledged by the German tax authorities.
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The Federal Fiscal Court recently decided that the option for taxation for the supply of immovable property is only permissible in the notarized contract regarding this supply of immovable property. A subsequent option is invalid. This does not change, even in the instance of the existence of a notarized attested option. The Federal Fiscal Court’s decision contradicts the current opinion of the fiscal authorities. It remains to be seen whether the fiscal authorities will share the Federal Fiscal Court’s view. Until then, it should be examined carefully whether the option for taxation is necessary and if so it should be included in the notarial purchase contract.
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VAT News 05/2016
At the end of October 2015, the EU Commission rejected an application to generally apply the reverse charge scheme to all supplies valued at more than EUR 10,000. Thus, some member states are still trying to extend the reverse charge scheme’s scope to the extent permitted by the EU VAT Directive. Austria has developed its regulations as regards chain transactions and triangular transactions and with respect to travel service supplies.
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