NEWS |
The present Corona crises has a direct impact on the development of the European Tax Legislation.
During a company audit the financial authorities focus mainly on the cash register and examine closely the regularity of the cash management, in particular with companies using cash to a large extent like restaurants and retailers. If a cash check is not possible, there is a serious formal defect which leads to supplementary estimates of up to 10 % of the annual turnover plus safety margin. In the worst case criminal proceedings can be opened.
Reward your employees and save taxes
New feature beginning with July 1st, 2019: "Übergangsbereich" = Transition Zone
Exemption from the obligation to submit the advance return
How large is the gap between the data of an individual person and the data of a company in the domain of data protection?
Letter of the federal Ministry of Finance (BMF) dated Dec. 7, 2018, III C 2
New features and amendments in the tax legislation 2019
The BFH (Federal Court of Finance) makes it easier to deduct VAT prepayments already made by January 10 for the previous year (Federal Court of Finance X R 44/16)
According to the BFH judgement (German Federal Court of Finance) V R 6/16 of August 2, 2018, published on October 24. 2018, the reduced tax rate according to § 12 sec. 2 no. 7d UStG (German Tax Law) applies only to itinerant fairground businesses but not to stationary fairground businesses.
By its decision of October 2, 2108, the EU Council enables a harmonization of the VAT regulations for electronic and physical publications.
According to the new EU reform of the value added tax system, through the reverse charge procedure the tax liability may be transferred from the service provider to the service beneficiary if he is a Certified Taxable Person.
On August 1, 2018 the Federal government approved the draft of a law for the prevention of VAT deficit in connection with the trade with goods on the Internet. This law comprises amendments in the domain of VAT, mainly the new registration and liability rules for operators of electronic market places.
The applicable value added tax rate of 19 percent is valid for the gastronomy in general. But in certain cases the reduced value added tax rate of 7 percent can be applied.
A developed piece of land is leased out to a company for exploitation as foster home. Based on a separate contract, the furnishings are also leased out to the same company. In the invoice the leasing of the furnishings was stated with separate VAT amount. The leasing of the developed land was treated as exempt from taxation (§4, no. 12, letter a UStG – German VAT law).
With this decision the BFH confirms the judgement of 2008 of the ECJ that the laying of a house water connection is subject to the reduced turnover tax rate in conformity with § 12 sec. 2 no. 1 of the UStG and annex 2 no. 34 of the UStG (German turnover tax law).
Subsequent adjustment of input tax deduction in the case of advance payments If a payment was made for an agreed delivery but the delivery never became effective, according to § 17 sec. 2 no. 2 and sec. 1 letter 1 UStG (German law on VAT) an adjustment of input tax deduction in the case of advance payments must be carried out, regardless of a return of the advance payment.