- If a company has ceased operations before the start of insolvency proceedings, the input tax from the invoice of the insolvency administrator is fully deductible
- The company must have only made sales that entitle to input tax deduction before ceasing operations
- It is not relevant if the insolvency administrator generates tax-exempt rental income
- In insolvency proceedings, the focus is on liquidation rather than continuation of the business
- The insolvency administrator’s role is to handle the claims of creditors related to the former business activities of the debtor
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"
- German MOF Issues Second Guidance on Mandatory Domestic B2B E-Invoicing and Error Clarifications
- Federal Ministry of Finance Clarifies B2B E-Invoicing Validation and Mandatory Invoice Elements for 2025
- Second BMF Letter on E-Invoicing: Key Changes and Validation Duties for Businesses Explained
- ECJ Opinion Sheds Light on VAT for Ancillary Services in German Accommodation Sector
- Germany: Navigating NACE Code Changes for Foreign VAT Refunds in 2025–2026 Transition Period