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VAT News 15/2017
Property developer cases: exclusion of legitimate expectations through sec 27 para 19 German VAT Act admissible (in part)
The Federal Fiscal Court recently published its first two decisions in principal proceedings regarding the settlement of past property developer cases. In its view, it is admissible to assess VAT against the supplier for the past, when the property developer requests a refund. This, however, requires that the supplier has a claim against the property developer for an additional VAT payment, which he can assign. If this is the case, sec 27 para 19 of the German VAT Act cannot be challenged. Thus, property developers continue to accrue interest on their tax refund claim.
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VAT News 14/2017
Insolvency terminates VAT group
The Federal Fiscal Court has decided that the controlling company's insolvency terminates the VAT-group, as does the insolvency of the controlled company. This also applies if the same trustee / insolvency administrator is appointed for the former controlling company and the previous controlled company by the court. This judgment by the Federal Fiscal Court serves to oppose an earlier circular of the Upper Tax Authority Frankfurt/Main regarding the insolvency of the controlling company.
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VAT News 13/2017
Threshold for invoices for small amounts is now EUR 250
The law to decrease administrative burdens (Bürokratieentlastungsgesetz II) introduces an increase in the threshold for invoices for small amounts from EUR 150 to EUR 250. This amendment has retroactive effect as from 01.01.2017.
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