Global

Details

  • Service: Tax, Global Indirect Tax, Global Compliance Management Services
  • Type: Regulatory update
  • Date: 6/12/2012

Germany - VAT updates, decisions on input VAT deductions 

June 12: Recent decisions concerning value added tax (VAT) from the Court of Justice of the European Union (CJEU) and from the Bundesfinanzhof (BFH or Germany’s federal tax court) involve the following topics:

  • Minimum basis for calculating the input VAT deduction under EU law
  • VAT consequences of the sales of prepaid telephone cards
  • Tax exemption for dismantling obsolete U.S. Navy ships in the territory of an EU Member State
  • Input VAT adjustment regarding the last buyer of a supply chain, due to a manufacturer discount granted to the buyer outside the supply chain (implementation of the CJEU decision in Elida Gibbs)
  • Documentary evidence for an intra-Community supply of goods
  • Intra-Community supply of goods when there is deception as to the buyer

Also, the Bundesministeriums der Finanzen (BMF or German finance ministry) extended (1) the deadline for applying for an updated version of input VAT deduction requirements pursuant to § 15 (1) UStG, and (2) application of the no-objection policy for intra-Community supplies of goods.


To read a June 2012 report [PDF 138 KB] about these VAT developments, prepared by the KPMG member firm in Germany: VAT Newsletter (June 2012)




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