If a taxpayer accounts for VAT on a margin basis, they should take into account the entire consideration received (excluding VAT), and not just the margin, for the purposes of calculating the small business VAT exemption threshold…. This content is for Full Membership members only. Want to read background, core of the problem, conclusion and...

Provision of holiday accommodation is a single tourist service which is subject to the margin scheme procedure. Similarly, other single accompanying services may be subject to this procedure. If a service is subject to the margin scheme procedure, the reduced rates for accommodation in holiday accommodation cannot be applied to it…. This content is for...

In case of the VAT margin scheme for travel agents, tax obligation arises also at the moment of making an advance payment. In case of an advance payment, the estimated costs of organizing a future specific trip should be taken into account to calculate the taxable base. Therefore, there is no need to wait until…...

If, in accordance with national law, a taxpayer has chosen to apply the margin scheme to goods acquired from artists, then the application of this scheme cannot be denied on the grounds that the acquisition was made as an intra-Community supply from other EU country…. This content is for Full Membership members only. Want to...

The concept of second-hand goods that contain precious metals sold primarily for the purpose of obtaining those metals should not be considered second-hand goods. The decisive factor here is the function performed by these metals (different from second-hand goods). The determining circumstances should be evaluated „objectively” – independently of the intention of the parties to…...

German VAT legislation excluded form VAT margin scheme for travel agents B2B services.  Moreover, they allowed to choose the option of calculating tax base for each service or for groups of services, or for all services provided during the tax period. Such provisions are contrary to VAT Directive…. This content is for Full Membership members...

In principle, a taxable person may not be refused the right to apply the margin VAT to his sales when the invoices received from him indicate that the supplier applies the margin VAT scheme – unless it is established that the taxable person knew or should have known that the endorsement on the invoice was…...

If a taxable dealer buys old cars from non-business individuals and then sells the parts removed from them – the VAT margin scheme for second-hand goods applies to such activity. Practical problems with determining the taxable base do not contradict this conclusion…. This content is for Full Membership members only. Want to read background, core...