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VAT News 09/2017
A look across the border
AUSTRIA deals with chain transactions, the simplification for intra-Community triangulations and minimum invoice requirements +++ BELGIUM abolishes advance payments if quarterly VAT returns are filed +++ FRANCE plans real-time reporting of sales +++ HUNGARY plans obligation to electronically transmit invoice details +++ LATVIA obliges newly registered companies to submit monthly VAT returns +++ SPAIN implements real-time reporting of sales as of 1 July 2017 +++ SWITZERLAND amends regulations regarding tax liability and plans referendum on reduction of VAT rates
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VAT News 08/2017
No input VAT deduction in the case of asymmetric charges
Taxable persons are only those who carry out an economic activity in the sense of a sustainable activity for the purpose of generating revenue pursuant to sec. 2 para. 1 German VAT Act. By judgment of 15 December 2016, V R 44/15, the German Federal Fiscal Court found that the status as a taxable person is not present where an asymmetry between the operating costs and the revenue exists. In this case, according to ECJ case law Borsele, there is no remuneration and therefore no economic activity. This judgment has implications not only for the public sector but also for private economy entrepreneurs.
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VAT News 07/2017
Customs administration publishes schedule for the reassesment of customs authorizations
Since the Union Customs Code entered into force on 01.05.2016, the requirements for customs authorizations have changed. Continuous authorizations, which were granted prior to 01.05.2016, must now be adapted to the new legal situation within a transitional period, that is, prior to 01.05.2019. For a long time it was unclear how the customs administration would manage this issue. In the meantime, it has published more detailed information on its website as regards the procedure for the reassessment of so-called existing authorizations.
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