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Margin Taxation for Loss-Making Travel Services and Coffee Trips Pending CJEU Review

  • Margin taxation under Section 25 German VAT Act applies mandatorily to travel services supplied in one’s own name using third-party travel services, including in B2B situations.
  • Only the margin is taxed; input VAT deduction on the purchased travel services is excluded.
  • The scheme generally requires a typical travel package with transport or accommodation services.
  • If another main service dominates, such as participation in a trade fair or conference, margin taxation does not apply.
  • The pending issue is whether margin taxation also covers loss-making travel services, such as “coffee trips,” which finance transport costs through sales events; the BFH has referred the question to the CJEU.

Source: datenbank.nwb.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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