BMF Clarifies Barter-Like Transactions in Waste Disposal

• The BMF letter discusses barter-like transactions in the waste disposal industry.
• The BFH ruling of April 18, 2024, states that a barter-like transaction exists when there is a direct connection between a service and its remuneration.
• The BFH ruling also states that a waste disposal service only exists if an entrepreneur takes over hazardous waste for statutory prescribed disposal.
• A barter-like transaction requires the waste owner to provide a service or delivery to the waste disposal company.
• The transfer of contaminated chemicals does not constitute a supply to the waste disposal company.
• The BFH decision restricts barter-like transactions in certain cases of waste disposal.
• If an entrepreneur takes over hazardous waste in accordance with a statutory prescribed procedure, this constitutes a disposal service.
• The VAT application decree has been amended to reflect the BFH decision.
• The principles of the BMF letter are to be applied in all open cases.

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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