- In a court case between the assignee and the defendant, if the assignor is not involved, there is no obligation for the court to suspend the proceedings.
- The existence of a counterclaim is only a preliminary question for set-off and falls under the jurisdiction of the court.
- In cases of a VAT group, the recipient of the service is considered to be the controlling entity, even if the subsidiary is the contracting party with the construction contractor.
Source: bundesfinanzhof.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"
- Permanent 7% VAT for Gastronomy from 2026; Extended Transition for Public Sector VAT Compliance
- Germany and France Synchronize E-Invoicing Standards Ahead of EU ViDA Mandates
- General Court Expands Triangular VAT Simplification, Rejects German Tax Authority’s Restrictive Interpretation
- VAT Treatment of the Administration of Dependent Foundations Following BFH Judgment V R13/22
- Bundestag Approves 2025 Tax Bill, Permanently Cutting VAT on Restaurant and Catering Services













