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Croatia will become the 28th member state of the European Union on 1 July 2013. As from the date of accession Croatia has to implement the common VAT system of the EU. As a result of the upcoming changes, the businesses trading with Croatia need to adjust their processes.
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In its decision of 18 February 2013, the Federal Fiscal Court had to decide on an issue that appears frequently in advisory business: The tax authorities denied VAT deduction for goods purchased by the complainant K by arguing the goods were part of a VAT fraud. Although K explicitly referred to the European Court of Justice’s (ECJ) latest jurisdiction regarding VAT deduction, the Federal Fiscal Court was not able to directly refer to this issue due to K’s failures in the previous instances
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On 20 March 2013, the German Ministry of Finance released the long awaited circular regarding the taxation of food and drinks. The circular starts by providing general information about when the reduced VAT rate of 7% will apply and subsequently goes on to give 16 examples, with a view to assisting the understanding of what is involved. The applicable VAT rate depends on the specific details of each of the sales processes. Entrepreneurs should take this into consideration when organizing the sale process.
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