- BFH issued statement on compatibility of interest on arrears with Union law
- No serious doubt regarding compatibility of §§ 233a, 238 (1) AO with Union law for interest periods up to 31 December 2018
- BFH addressed legality of interest assessment and affirmed German regulation is in line with EU law
- Possibilities for equitable remission of interest in accordance with §§ 163, 227 AO still exist
- Special circumstances must be asserted for remission of interest
- BFH has not conclusively ruled on equitable cases but has positively decided on other case constellations
- BFH extended case law on property developer cases to other transactions in accordance with § 13b para. 2 UStG.
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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