Germany: Draft tax reform bill includes mandatory e-invoicing, other VAT developments

A draft tax reform bill would introduce mandatory use of e-invoicing for supplies between domestic companies

A draft tax reform bill would introduce mandatory use of e-invoicing for supplies

The draft tax reform bill published by the Federal Ministry of Finance (BMF) on 17 July 2023 (read TaxNewsFlash) would introduce mandatory use of electronic invoices (e-invoicing) for supplies between domestic companies effective 1 January 2025.

The bill also includes other value added tax (VAT) related provisions, including certain simplifying measures for small businesses.

Read a July 2023 report [PDF 508 KB] prepared by the KPMG member firm in Germany

Other recent VAT developments that may affect businesses in Germany include the following items:

  • Fixed establishment for VAT purposes (CJEU, ruling of 29 June 2023, C-232/22)
  • Travel services in case of isolated purchase and sale of accommodation services (CJEU, ruling of 29 June 2023, case C-109/22)
  • Taxation of spa taxes (CJEU, ruling of 13 July 2023, case C-344/22)
  • Margin taxation in case of works of art (CJEU, ruling of 13 July 2023, case C-180/22)
  • Waiver for reasons of equity in relation to interest on arrears in case of inappropriate allocation of transactions (BFH, ruling of 23 February 2023, V R 30/20)
  • Input VAT deduction of managing holding company (BFH, ruling of 15 February 2023, XI R 24/22 (XI R 22/18))
  • Market fees and initial costs (BMF, guidance of 20 June 2023, III C 2 – S 7200/19/10006 :001)
  • VAT exemption of intra-community supplies of goods (BMF, guidance of 11 July 2023, III C 3 – S 7141/21/10002 :00)
  • Special VAT audits 2022 (BMF, announcement of 10 July 2023)

 

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