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With its decision of 21 August 2013, the German Federal Tax Court resubmitted to the ECJ the question of when an organization can be defined as “being devoted to social wellbeing”. This question is particularly relevant for the purpose of determining tax exemption for services which are provided in the context of care and nursing.
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By judgment of 22 August 2013 (V R 37/10), the Federal Fiscal Court decided that the reverse-charge-scheme for construction work in relation to immovable property according to sec. 13b of the German VAT Act in principle is no longer applicable for supplies to property developers. However, the decision of the Federal Fiscal Court is not only of importance to property developers. It has put the tax authorities in their place as it has dismissed various regulations by the tax authorities due to the breach of the principle of legal certainty. This decision also has an effect on other areas as the general simplification rules according to sec. 13b of the German Administrative Circular no longer provide certainty and the 10% hurdle for the qualification as a reseller of power and gas may become invalid.
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By circular of 28 October 2013, the Federal Ministry of Finance gives up its former view on the VAT exemption of advisory services for investment management companies and follows the recent decisions of the European Court of Justice and the German Federal Fiscal Court. Furthermore, it gives the taxpayers helpful guidance on the application of the tax exemption pursuant to sec. 4 no. 8 lit. h German VAT Act.
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