- The BMF clarified rules for input VAT deduction for permanently loss-making entities.
- Two-step assessment is required: (1) whether there is a supply of services for consideration, and (2) whether an economic activity exists.
- A supply for consideration exists if there is a direct link between payment and service, even if the payment is below cost, unless the payment is merely symbolic.
- Economic activity requires a sustainable intention to generate income; a significant mismatch between costs and income (cost coverage below 3%) indicates no economic activity.
- Subsidies must be deducted from costs when assessing cost coverage for each activity.
Source: nwb-experten-blog.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.
Latest Posts in "Germany"
- New BMF Letter Clarifies VAT Rules for Company Cars Used Privately by Employees
- Germany Prepares XRechnung 4.0 for EU-Compliant E-Invoicing and Digital VAT Reporting by 2030
- Germany Mulls VAT Hike to 21% Paired With Income Tax Cuts and Grocery Relief
- Six Charged in Germany’s ‘Water into Wine’ VAT Fraud Case Involving Diesel Sales
- VAT Implications of Transferring a Club’s Football Operations to a GmbH with Free Facility Use














