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Federal Fiscal Court to Clarify VAT ID Verification Requirements for Tax-Exempt Intra-EU Deliveries

  • The Federal Fiscal Court (BFH) has allowed an appeal to clarify the legal significance of using and confirming a valid VAT identification number from another EU Member State.
  • The case involves car deliveries to a Dutch company whose VAT ID had been deleted before the delivery date, and the supplier had not confirmed its validity at the time of delivery.
  • The tax court previously ruled the delivery was tax-exempt, as the supplier had regularly checked the VAT ID and could not have known it was invalid.
  • The BFH’s acceptance of the appeal suggests it may reconsider whether companies must check VAT ID validity for every transaction or if protection of legitimate expectations applies.

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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