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Taxable persons are in need of a proper proof of export for zero-rated export supplies of goods. To date, the only admissible proof of export for export declarations filed electronically (via ATLAS), has been an electronic confirmation of export. However, on 19 June 2015 the German Federal Ministry of Finance issued a circular, commenting on the preconditions on the basis of which the German tax authorities will accept, for VAT purposes, an electronic proof of export issued by customs authorities of another EU member state.
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The settlement of past property developer cases is in full swing. The additional claim of VAT due from the supplier of construction work, as well as the granting of legitimate expectations, are being controversially discussed. The tax court Berlin-Brandenburg was the first to comment on this issue, when it granted legitimate expectation to the supplier. It is seriously doubtful whether sec. 27 para. 19 sentence 2 of the German VAT Act, which excludes legitimate expectation, is compatible with the German Constitution and European law.
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VAT refund applications made by taxable persons established in a third country must be filed within six months following the end of the respective calendar year. Applications for 2014 have to be filed by 30 June 2015, at the latest. Applicants have to ensure that their applications are complete. In the last few months, some significant judgments concerning this issue have been handed down.
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