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VAT Margin Scheme for Art Dealers: ECJ Ruling and National Law Implications

  • BFH ruling on VAT margin scheme for works of art
  • Concerns an art dealer operating galleries in Germany
  • Dispute over VAT treatment of intra-Community purchases
  • CJEU ruling Mensing II states VAT on purchases forms part of basis for margin taxation
  • National law § 25a UStG not compatible with Union law
  • Art dealer can now use margin taxation
  • VAT on intra-Community purchases included in basis of assessment
  • Lower Tax Court to determine margin taxation in second set of proceedings
  • Equity considerations not part of the proceedings

Source: hub.kpmg.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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