Germany – The end of the simplification regulation for cross-border sales to a multitude of (smaller) businesses

In Brief

In a circular letter dated April 23rd 2018, the German Federal Ministry of Finance (FMOF) repealed the German tax authorities’ previous simplification regulation for the so-called intra-Community movement of own goods in the border area (Section 1a.2(14) of the German VAT Application Decree [Umsatzsteuer-Anwendungserlass, or UStAE]). Read More »

Spain – Intrastat System

Please be informed that Order HFP / 36/2018, of January 18, establishing certain provisions related to the Intrastat System in order to unify and adapt the national Intrastat to the EU’s regulations, entered into force on March 1, 2018.Read More »

Germany – direct supplies from another EU Member State to call-off stocks in Germany may be treated as a single supply of goods

In Brief

The German Federal Ministry of Finance (Bundesfinanzministerium, or BMF) has amended the VAT Application Guidelines following two decisions in which the Federal Fiscal Court (Bundesfinanzhof, or BFH) held that, under certain circumstances, Read More »

Poland – new reporting obligation – transportation package

I would like to inform you about law on a monitoring system of a road transportation of goods (so called “transportation package”) that was introduced in Poland.

Transportation package concerns companies taking part in certain transactions and providing specific services. Read More »

Poland: permanent place of business on the example of toll manufacturing arrangement

In brief

According to a recent judgement from Polish Supreme Administrative Court (NSA) dated 15 February 2017, the term “permanent place of business” has been defined, on the example of toll manufacturing arrangement between Polish and Swiss companies, together with the VAT taxation obligations.

The Swiss company requested interpretation, regarding the transactions` treatment of tax on goods and services. Read More »

Incompleteness of VIES – good to know

People sitting on a long bench talking (3) - PwC, Photo_RGB_PC_48164.jpgVIES is an electronic tool for transmitting information relating to VAT registrations (= validity of VAT numbers) of companies registered in the EU. Furthermore, information relating to (tax exempt) intra-Community supplies between Member States’ administrations is also transmitted via VIES. For details see link below:Read More »

Update – Germany: new limitation in the application of deemed intra-Community supplies transition period extended until 30 September 2013

As reported in my previous post earlier this year, the German Ministry of Finance (Bundesfinanzministerium – BMF) proposed stricter rules for the application of the simplification rule which allows suppliers to treat certain cross-border transactions as an intra-Community transfer of own goods. As per the proposal this treatment will only be allowed if the supplier transports the goods himself.Read More »

Germany: new limitation in the application of deemed intra-community supplies transition period until 1 of March 2013

Based on the opinion of the German Federal Ministry of Finance (Bundesfinanzministerium – BMF) the simplification rule is only applicable if the supplier transports the goods himself. In case the recipient organises the transport or the goods are transported by a third party freight forwarder, the simplification cannot be used. Germany has a simplification scheme in place which allows suppliers to treat the cross-border transaction as an intra-community transfer of own goods. In such a case, the supplier reports an intra-community supply in the EU member state of dispatch and an intra-community acquisition in Germany. The delivery to the recipient of the goods in Germany is treated as a domestic supply of goods and charged with local German VAT.

This simplification rule is very useful as the supplier has only a limited administrative effort. Furthermore, the VAT numbers of the recipients neither need to be requested nor verified on regular basis (which might be a huge administrative burden).

The new limitation of the use of the simplification will not generate more revenue for the tax authority but it will create lots of administrative work which could be easily avoided.