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The European "e-invoicing map" is becoming increasingly colourful. More and more EU Member States now intend to introduce a national e-invoicing obligation. The EU Council also authorized Germany and Romania to introduce obligatory e-invoicing by way of derogation from the provisions of the EU VAT Directive just recently. Nevertheless, most plans in the different countries involve the postponement of the initial date of introduction. In our newsletter we outline the new developments for selected countries.
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The ECJ has ruled that a spa fee cannot be regarded as consideration for a taxable supply, in circumstances where the spa facilities can be used by anyone. As a result, input VAT deduction is no longer possible. On the positive side, however, spa fees are no longer subject to VAT. Municipalities will save themselves 7% in VAT.
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Taxable persons must declare their VAT and input VAT in the correct tax period. If they fail to do so, there is a risk that late assessment interest will be charged in accordance with sec. 233a of the German Fiscal Code and that other sanctions may be imposed. In a recent decision, the Federal Fiscal Court clarified that late assessment interest is only justified to the extent that the taxable person actually received a liquidity advantage. All interest in excess of this must be waived. Affected taxable persons should submit a corresponding application.
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