VAT News

Search

VAT News 10/2016
Circular of the Federal Ministry of Finance on reform of VAT taxation of public bodies now available
By means of sec 2b of the German VAT Act, the legislator has reformed the VAT taxation of public bodies. The amendment is accompanied by a transitional regulation in sec 27 para 22 of the German VAT Act. Sec 2b of the German VAT Act is applicable to supplies as of 01.01.2017. By making a declaration to the tax office, the application of the new regulation can be waived in favor of continuing with the existing legal situation. The Federal Ministry of Finance has now issued an opinion on sec 27 para 22 of the German VAT Act. Public bodies need to check, in due time, whether the new implementation arrangements application rule would be advantageous.
more
VAT News 09/2016
Federal Ministry of Finance restricts VAT refund to prevent tax losses
On 16.02.2016 the Federal Ministry of Finance published a letter as regards VAT refunds for intra-Community supplies and export supplies, which may prove controversial. The Federal Ministry of Finance denies VAT refund where the supplier invoices with VAT due to a lack of documentary evidence, despite it being determined, that the substantive requirements for zero-rating have been met. The suppliers would have to issue invoices including VAT in cases of any doubt. The recipients should be cautious. Their input VAT refund is at risk. The Federal Ministry of Finance is attempting to prevent tax losses under the VAT refund procedure. Apparently, the letter is not to be applied to the regular assessment procedure. It is to be hoped, that it is also understood by the tax offices.
more
VAT News 08/2016
Holding companies and VAT groups
By judgment of 19 January 2016 (XI R 38/12), the XI Senate of the Federal Fiscal Court handed down its decision for the ECJ-proceedings Larentia + Minerva. The judgment deals with questions regarding VAT deduction for holding companies and VAT groups. The XI Senate follows the V Senate (judgment of 2 January 2015, V R 25/13) in recognizing partnerships as potential controlled companies. This is a pleasing development. It is also positive that “pure” holding companies are entitled to full VAT deduction. However, there is one small drawback as VAT exempt financial transactions may restrict VAT deduction. Clearing accounts and cash pools may develop into a VAT problem.
more

Pages