Michaela Merz


Leave a comment

Italy – Tax authorities may assess under-declared VAT by extrapolation


The Advocate General (AG) has opined that the principles of EU law do not preclude national legislation from assessing a taxpayer, who is presumed to have under-declared VAT, for unpaid VAT by means of estimating that taxpayer’s likely revenues based on studies of comparable taxpayers within the same economic sector. However, the national courts must ensure that principles of law, such as the right to challenge the basis of assessment, are respected (Fontana (C-649/16)). Continue reading


Leave a comment

Germany: Ministry of Finance publishes a new Decree on VAT grouping and input VAT recovery for holdco’s


Please find attached a newsflash from our German colleagues regarding the new Decree on VAT grouping and input VAT recover for holdco’s:

The Decree will apply to VAT groups and holdcos from  31 December 2018, but local tax authorities have the authority to allow an earlier application with explicit reference to the Decree for all transactions performed (it is not allowed to single out transactions from the application). Continue reading


Leave a comment

News from the German tax authorities – Correction of incomplete or wrong information


BerlinThe German tax authorities have now issued the long-expected decree about inter alia, the differentiation between the scopes of the correction of simple mistakes on the one hand and of penal legal matters on the other (including but not limited to the voluntary self-disclosure for exemption from punishment). Continue reading