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Tax Exemption for Substitute Emergency Medical Services by Doctors Upheld by Federal Court

  • The Federal Fiscal Court ruled that emergency medical services are exempt from VAT even when performed by a substitute doctor for a fee.
  • A self-employed doctor had an agreement with the Westphalia-Lippe Association for voluntary participation in emergency services.
  • The doctor substituted for other doctors from 2012 to 2016, charging an hourly rate.
  • The tax office and court initially disagreed, viewing the service as taxable.
  • The Federal Fiscal Court granted VAT exemption, considering it a medical treatment.
  • The court emphasized the service ensures emergency care when regular services are unavailable.
  • The ruling applies equally to substitute and assigned doctors.
  • The decision aligns with previous rulings on standby services at large events.
  • The court’s approach ensures consistent VAT treatment across Germany, regardless of regional differences.

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.

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