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German Court Rules: Bribes Reduce VAT Base

  • The Federal Fiscal Court (BFH) ruled that confiscated bribe money reduces the taxable base for VAT.
  • The court’s decision ensures that taxpayers are not double-taxed.
  • The ruling provides more legal certainty for tax practice and emphasizes the principle of equal treatment.
  • The BFH decided in favor of the plaintiff, a former executive who received bribes for awarding contracts.
  • The court ruled that while bribe money is generally subject to VAT, confiscated amounts reduce the taxable base to avoid double taxation.
  • The BFH based its decision on the jurisprudence of the Federal Constitutional Court and the Court of Justice of the European Union, which require a reduction in such cases to uphold the principle of equal treatment.

Source: bakertilly.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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