(Wednesday, 22.12.2021)
The UStG provides for the possibility of waiving the tax exemption if the transaction is made to another entrepreneur for the latter’s business.
In a new decision, the Federal Fiscal Court has now ruled that the waiver of tax exemption can be revoked as long as the tax assessment for the year in which the service was rendered can still be contested or changed due to a reservation of review. It is true that the UStG stipulates that the waiver of the tax exemption can only be declared in the contract on which the supply of real estate is based, which is to be notarized, so that a subsequent option to tax liability in a subsequent version of the contract is excluded. However, according to the court’s opinion, this provision does not apply to the revocation of the waiver of the tax exemption.
Source: js-steuerberater.de
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