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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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A number of different supplies can be regarded as constituting a single supply. However, in principle, every supply must normally be regarded as being distinct and independent. The differentiation proves difficult in practice. The criteria are ambiguous. Fortunately, the ECJ has made clear statements regarding supplies associated with the letting of immovable property. Utility providers, landlords and tenants should check whether the charging of utilities practiced to date meets the criteria provided by the ECJ. In addition, the ECJ has concretized the principles of its decision in the case of Auto Lease Holland. Companies confronted with problems arising from the Auto Lease Holland case will have more legal certainty. Nevertheless, they should check whether their current practice is in conformity with the new ECJ principles.
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