News from IVA members

19 September 2018
Federal Fiscal Court: Postal address on invoice permitted – no bad faith despite domicile address

In an invoice issued for the purpose of input VAT deduction, the supplier’s address is not required to be the place of his or her economic activity. This was decided by the German Federal Fiscal Court in two judgments of 21 June 2018 (V R 25/15 and V R 28/16). The German Federal Fiscal Court thus follows the EUCJ in the German rulings in Geissel and Butin – C-374/16 and C-375/16...

19 September 2018
Brexit Update: UK issues no-deal VAT guidance notice

The UK Government has recently issued a range of guidance notices informing both the public and businesses of what the implications would be in the unlikely event that the UK leaves the EU next year without any replacement arrangements to cover trade, customs and taxation (amongst other issues) being put into place...

15 August 2018
Germany - Exemption from import VAT under the so-called "Procedure 42"

In the Enteco Baltic case, the EUCJ once again examined the significance of VAT-ID-Nos. for the application of a VAT exemption. On this occasion, it concerned the exemption from import VAT in case of a subsequent intra-Community supply (so-called “procedure 42”)...

19 July 2018
USA - Online sellers are liable to local sales taxes in the USA

On 21 June 2018 the US Supreme Court ruled that out-of-state retailers must charge and remit sales tax, even if they do not have a physical nexus in the customer’s US State. It thereby confirmed the economic nexus legislation introduced by South Dakota. Furthermore, the court’s decision effectively overturns contrary earlier rulings. Other US States will follow South Dakota’s example. US and non-US online sellers with customers in the US must now check whether they are affected.

19 July 2018
New Zealand – GST update

Government Consultation to apply GST (VAT) on low-value imported goods proposals and offshore supplier GST registration system proposed from 1st October 2019

19 July 2018
Italy - Electronic invoicing for identified VAT payers

As regards the new electronic invoicing obligations, which will generally come into force in Italy as of January 1st 2019 (except for transactions between contractors and their subcontractors in public procurement and supplies of fuel occurring along the relevant supply chain before final sales at the gas stations, for which new obligation started on July 1st 2018).

20 June 2018
Germany - Deduction of input VAT from advance payments where supply does not ultimately take place

Input VAT deduction from advance payments is part of a taxable person’s daily business. Where the supply does not take place, input VAT deduction can only be denied if the payer, at the time of the payment on account, knew or reasonably should have known that the supply was uncertain (judgement of 31.05.2018, C-660/16 and C-661/16, Kollroß und Wirtl)...

20 June 2018
Germany - Input VAT deduction even if a reference to other invoice documents is missing

In its legally binding judgement of 16.03.2018 (1 K 338/16 U), the Düsseldorf tax court granted input VAT deduction from an incomplete invoice. The incomplete invoice did not explicitly refer to any other invoice documents, which contained the missing information. Nevertheless, the Düsseldorf court granted the input VAT deduction anyway...

20 June 2018
EC - Directive 2006/112/EC – proposed amendments

The draft Council Directive amending Directive 2006/112/EC as regards the introduction of the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States was published on 25th of May.

10 May 2018
Sweden – Latest News

The Swedish Board for Advance Rulings has stated that rental of doctors should be regarded as a staffing service subject to VAT, despite the fact that the doctors providing VAT exempt medical services...

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What Companies need to know to prepare for Brexit

The United Kingdom will leave the European Union (EU) at 11:00 pm of 29 March 2019...

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News from IVA members

Federal Fiscal Court: Postal address on invoice permitted – no bad faith despite domicile address

In an invoice issued for the purpose of input VAT deduction, the supplier’s address is not required to be the place of his or her economic activity. This was decided by the German Federal Fiscal Court in two judgments of 21 June 2018 (V R 25/15 and V R 28/16). The German Federal Fiscal Court thus follows the EUCJ in the German rulings in Geissel and Butin – C-374/16 and C-375/16...

Read more ...

News from EC

News from Accountancy Europe September 2018

Luxembourg has adopted a new VAT grouping regime (article 11 of Directive 2006/112/EC refers). It replaces a previous regime which was restricted to entities only engaged in activities in the public interest...

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Disclaimer:  The information contained in the present page is general and does not constitute legal advice. Before taking any decision or action on the above information you should take the appropriate professional advice.