Global

Details

  • 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




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