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VAT News 37/2021
ECJ: Input VAT deduction only with invoice but without need for minimum mandatory information?
In its recent decision of 21.10.2021 – C-80/20, Wilo Salmson, the ECJ clarifies that a taxable person must have an invoice in order to claim an input VAT refund. However, the court also makes it clear that the concept of an invoice is to be understood very broadly. The ECJ distances itself, consciously or not, from the minimum mandatory information for the acceptance of an invoice entitling the recipient of a supply to deduct input VAT as laid down by the German Federal Fiscal Court (most recently in the ruling of 12.03.2020 - V R 48/1) and the German Ministry of Finance (letter of 18.09.2020).
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VAT News 36/2021
Fuel Cards – Draft of a Circular from German Ministry of Finance
The German Ministry of Finance (BMF) recently provided a draft of a BMF Circular entitled “VAT assessment of transactions in the fuel card business” to industry associations with a request for comments to be provided by 4 November 2021. The BMF Circular is intended to take effect as early as 01.01.2022. If it comes into force in the currently planned version, the BMF will overturn the customary structure of fuel card transactions and follow the ECJ in the Vega International case: fuel card transactions will generally be considered credit services. This results in an urgent need for action for all parties involved.
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VAT News 35/2021
VAT treatment of the publisher’s share – Federal Ministry of Finance’s letter of 14 October 2021
For a long time, it has remained unclear, from a VAT perspective, as to how the funds collected by the collecting societies and then distributed to the publishers (so-called publisher’s share) is to be treated. The Federal Ministry of Finance’s letter of 14 October 2021 now provides clarity. Under certain circumstances, there may exist supplies of services, subject to VAT, between collecting societies and publishers.
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