Suchergebnisse für: `vat-act` (107 gefunden)

  6. 19. Februar 2024

    Reduced VAT rate for supply of works of art by creator or hi ...

    According to a decision of the Supreme Tax Court the author of works of art for the purpose of the reduced VAT rate as provided in Section 12 (2) No. 13 VAT Act is the (intellectual) creator of the work and not his or her successor in title. The question of authorship for VAT purposes must be answered in accordance with the provisions of the Copyright Act.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: reduced rate VAT
  7. 24. September 2024

    No retroactive correction of invoices for want of reference ...

    According to the Supreme Tax Court, the subsequent correction of invoices does not have retroactive effect considering the requirements laid down in Section 14a (7) VAT Act regarding the additional obligations on the issue of invoices for intra-Community triangular transactions. This decision is a follow-up on an earlier judgment of the European Court of Justice from 2022 in the case C-247/21 Luxury Trust Automobil.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: incorrect invoice, alteration of VAT inv ...
  9. 03. Januar 2025

    MoF: Revised allocation formula for input VAT deduction of f ...

    Towards the end of 2024 the Federal Ministry of Finance (MoF) commented in some detail on the input VAT deduction for credit institutions. The ministerial pronouncement focuses on the attribution of input transactions to output transactions and the relevant input VAT allocation in accordance with Section 15 (4) VAT Act. Another focus of the MoF circular is on cross-border structures and specifically the services between local branches and their foreign head office and vice versa.

    Kategorien: Official Pronouncements
    Schlagwörter: banking service, input VAT deduction
  10. 20. Dezember 2019

    Outsourcing finanancial services - VAT exemption

    Services are provided to a bank operating automated teller machines (ATMs) which consist of setting up and maintaining these machines, replenishing them with cash and equipping them with hardware and software for reading the cash card data, forwarding authorisation requests for cash withdrawals to the bank which issued the cash card used, making the desired cash withdrawal and registering withdrawal transactions are not tax exempt supplies with the meaning of Section 4 No. 8 letter d of the VAT Act. This was the finding of the Supreme Tax Court on 13 November 2019, published on 19 December 2019.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: Sixth Directive, VAT Exemption, ATM
  15. 21. März 2023

    Findings during cash inspection may warrant subsequent tax a ...

    Similar to a VAT inspection pursuant to Section 27b of the German VAT Act, the review of the cash-system (here: at a restaurant business) does not require prior notice or the specification of reasons. This was decided by the Hamburg Tax Court. In addition, the court held that the cash inspection allows an automatic follow-up tax audit if warranted by the facts determined during the cash inspection.

    Kategorien: Tax Court
    Schlagwörter: tax audit
  16. 03. März 2025

    No liability for incorrect VAT disclosure in rental agreemen ...

    In a recent decision the Supreme Tax Court held that the person designated as the issuer of an invoice can only be held liable if he or she was involved in the creation of the invoice or if the issuance is otherwise attributable to him or her as representative or by proxy. An incorrect VAT statement in the invoice caused by the previous owner cannot be attributed to the purchaser of the property.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: incorrect VAT
  18. 04. August 2023

    Special VAT rate for travel agents for accommodation which i ...

    The European Court of Justice (ECJ) decided that the service provided by a taxable person, which consists in purchasing accommodation from other taxable persons and reselling them, in its own name, to other business operators, is covered by the special value added tax scheme applicable to travel agents, even though those services are not accompanied by ancillary services.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: travel agent, Margin-scheme taxation
  19. 02. Januar 2023

    Waiver of head physician’s right for future private liquidat ...

    The Supreme Tax Court decided that the waiver of a head physician of the right to private liquidation in return for monthly compensation payments made by the clinic owner to be able to bill privately insured persons himself is a taxable service and subject to VAT. Moreover, relinquishing the future right for private medical treatment does not fall under the medical services exemption as provided by national law.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: waiver, medical treatment, severance pay ...
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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