- Payment for a service not rendered does not automatically reduce the tax base unless the payment is refunded.
- Allowing continued use of a fitness studio after the contract term is a taxable benefit, even without a civil agreement, due to the economic link between prepaid fees and the benefit received during lockdown.
- The case involves a fitness studio in Schleswig-Holstein closed due to COVID-19 regulations from March to May 2020.
- Members were offered free months and other benefits to compensate for the closure period.
- The legal framework includes various sections of the German VAT Act and other related laws.
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.
Latest Posts in "Germany"
- VAT Identification Number and Confirmation Request – Revision Admitted for Legal Clarification
- ECJ Rules on VAT Treatment of Mobile App Services Before 2015
- EU Court Rules on VAT Liability for App Store Digital Platform Sales
- ECJ C-101/24 ( XYRALITY) – Judgment – German developer is not liable for VAT on services via an app store
- e-Invoicing in Germany: Guidelines, Timeline, Scope, Requirements & Format