• Service: Tax, Global Indirect Tax, Global Compliance Management Services, International Tax
  • Type: Regulatory update
  • Date: 4/26/2013

Germany - Advisory services for investments; other indirect tax issues 

April 26: Recent judgments from the European Court of Justice and decisions from Bundesfinanzhof (Germany’s federal tax court) involve the following indirect tax / value added tax (VAT) issues:
  • Tax exemption of advisory services for investments in securities supplied to an investment company
  • Transfer of a business as a “going concern” does not require the transferor to terminate its business activities
  • Non-compete agreement as non-taxable turnover as part of a transfer of a business
  • Transfer of a building right when a leased rehabilitation center had been constructed as a non-taxable transfer of a business
  • Requirements for the justified rejection of an invoice in case of self-billing

Also, the Bundesministeriums der Finanzen (German finance ministry) issued guidance on:

  • Organization integration to qualify as a VAT group
  • Distinction between supplies of goods and services in the supply of food and drink
  • Change in the simplification rules for intra-community movement of goods to the business' own disposal—extension of transitional arrangement

Read an April 2013 report [PDF 248 KB] prepared by the KPMG member firm in Germany: MwSt.VAT Newsletter

©2013 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

The KPMG logo and name are trademarks of KPMG International.

KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever.

The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

Direct comments, including requests for subscriptions, to
For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at:

+ 1 202 533 4366

1801 K Street NW
Washington, DC 20006.


Share this

Share this


Subscribe to receive the latest TaxNewsFlash email alerts (you must select the option for TaxNewsFlash)

Already a Subscriber? Login

Not a member? Subscribe now

Contact us