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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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VAT News 12/2017
Tax benefits for cost sharing associations – the small VAT group?
In its judgment of 4 May 2017 – C 274/15 – Commission/Luxemburg, the ECJ gave its opinion on the independence of associations and immediacy of the use of transactions within the meaning of Art. 132 para. 1 lit. f of the VAT Directive. This judgment is the first of a series of ECJ judgments on the interpretation of this regulation. Opinions on various aspects of further proceedings currently pending before the ECJ have already been published. The ECJ’s case law will have a significant impact on German law, as Germany has only implemented the Union tax exemption regulation for cost sharing associations to a very limited extent.
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