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Differential taxation for art objects; calculation of margin; no deduction of VAT on intra-Community acquisition

  • The case involves differential taxation for art objects, intra-community acquisition of art objects, calculation of the margin, and no deduction of VAT on intra-community acquisitions
  • The Federal Fiscal Court (BFH) ruled on the case
  • The decision is based on various legal provisions including EU Directive 112/2006 and German tax laws
  • The case originated from the Fiscal Court in Münster in 2017
  • The ruling states that VAT on intra-community acquisitions does not reduce the taxable amount under differential taxation, despite conflicting with the system and purpose of the regulation
  • The decision is a follow-up to a previous ruling by the European Court of Justice (ECJ)

Source: bundesfinanzhof.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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