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On 30 June 2013 changes regarding statements on invoices became effective. The Federal Ministry of Finance issued a circular regarding these changes on 25 October 2013. In particular, with regard to self-billing invoices (“Gutschrift”), the circular offers relief from a practical point of view. It was clarified that some other documents, such as invoice corrections, could be termed “Gutschrift”. Furthermore, the circular contains a “non-objection provision” regarding invoices issued by 31 December 2013.
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In its circular of 23 October 2013, the Federal Ministry of Finance made statements regarding the effectiveness of VAT clauses in contracts for the purchase of immovable property. According to this circular, only unconditional clauses retroact to the time the contract was concluded.
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The German Federal Fiscal Court passed its judgment (XI R 4/11) regarding VAT deduction for players‘ agent commissions on 28 August 2013. The key question is whether the players’ agents render services to the soccer club. The German Federal Fiscal Court considers an exchange of services to be given only in exceptional cases. The German Federal Fiscal Court could not determine whether such an exchange of services did occur in this particular legal case. The German Federal Fiscal Court has remitted this case back to the tax court of first instance.
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