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Financial, Organizational, and Economic Integration in VAT Grouping: German Federal Fiscal Court Decision

  • The German Federal Fiscal Court (BFH) has ruled on the conditions for a VAT group, stating that financial, organizational, and economic integration are required.
  • Economic integration can be demonstrated through the interconnection of business activities between the controlling entity and the subsidiary.
  • It is sufficient for there to be a reasonable economic connection, cooperation, or interdependence between the subsidiary and the controlling entity.
  • The provision of a paid service that establishes economic integration does not have to be carried out by the controlling entity itself; it can be provided by another subsidiary.
  • The BFH has previously ruled that the service can be provided by any subsidiary of the controlling entity.
  • The ruling clarifies that economic integration can also be based on the interconnection between different subsidiaries within the group.
  • The case in question involves a dispute over the existence of a VAT group.

Source: datenbank.nwb.de

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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