- Digital marketplaces are not considered sellers of NFTs for VAT purposes.
- VAT law includes a deemed supplier rule for digital marketplaces involved in service provision.
- The rule applies if the marketplace controls service provision, such as billing or setting terms.
- The rule’s application depends on whether services qualify as electronic services.
- The case involved a plaintiff selling NFTs via OpenSea, not the digital item itself but a blockchain entry.
- The Fiscal Court of Lower Saxony ruled NFT sales as electronic services due to blockchain processing.
- The court noted minimal human involvement in the NFT transfer process.
Source: kmlz.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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