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Tax Exemption Criteria for Brokerage Services: BFH Decision on Investment Gold Commissions

  • The plaintiff acted as a broker for investment gold purchases and earned commissions, but the tax office denied a tax exemption, arguing the services were not directly linked to brokerage. The Federal Fiscal Court (BFH), referencing CJEU case law, clarified that for services to qualify as tax-exempt intermediary activities, they must independently perform essential brokerage functions, such as finding customers and facilitating contact for specific transactions. Services lacking a direct and specific connection to the brokerage transaction do not meet the criteria for tax exemption.

Source: assets.kpmg.com

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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