The BFH ruling confirms that input tax can be deducted for the renovation of a historic castle even when financed by public grants and private donations, provided there is an entrepreneurial intent to generate taxable rental income. The decision clarifies that financing does not affect deduction, requires a clear allocation between private and taxable use, and mandates that the tax office determine the exact deductible share.
The BFH states that financing via donations or subsidies does not affect the eligibility for input tax deduction.
Input tax is deductible if there is an entrepreneurial intent to generate taxable rental income, with a clear allocation between private use and taxable use, and the renovation is intended for taxable rental activities.
No, the BFH confirms that the lack of a profit motive does not preclude deduction; entrepreneurial activity is sufficient.
The tax office must determine the exact share of deductible input tax and any necessary adjustments if private use increases beyond the original plan.
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EPPO · 1 day ago
The European Public Prosecutor’s Office (EPPO) launched an EU‑wide investigation into a cross‑border VAT carousel fraud scheme involving luxury cars, estimating tax damage of over €103 million. Nine suspects were detained in Czechia and Germany, with more than 150 searches carried out in nine EU countries and assets seized worth €13.5 million. The offences span the period 2017‑2025.
Meyka · 16 days ago
German economists warn that a shift from the current 19% VAT to 21% is possible amid weak growth and tight budgets. A 21% rate would raise gross prices of VAT‑able goods by about 1.68% and create a short‑term inflation bump, especially impacting discretionary sectors such as retail, e‑commerce, and hospitality.
e-invoice.app · 17 days ago
Germany’s national e‑invoicing mandate requires all businesses to receive structured invoices from January 2025 and to transmit them by revenue thresholds, with full coverage by January 2028. The system accepts XRechnung, ZUGFeRD and Peppol BIS formats, all EN 16931 compliant, and mandates 8‑year electronic archiving under GoBD. Non‑compliance can trigger VAT deduction denial, GoBD violations and administrative fines.
TaxAndBytes · 19 days ago
The post highlights that the German BMF letter dated 15 Oct 2025 requires e‑invoices to be fully and correctly validated for VAT recognition. It points out common validator shortcomings—such as incomplete EN 16931 checks, superficial VAT checks, and lack of audit‑proof documentation—and warns that many validators only verify the existence of data fields, allowing invoices with missing content to be accepted.
NWB · about 1 month ago
This guidance explains that German businesses can apply to extend the deadline for filing VAT returns by one month. If the extension is used, a special advance payment equal to one‑eleventh of the previous year’s advance payments must be paid, and it is credited in the December advance payment calculation. The special payment can be corrected upon application if expected VAT changes due to a rate change.
Bloomberg Tax · about 1 month ago
The German Ministry of Finance clarified rules on input VAT deductions for subsidized service providers that operate at persistent loss. The BMF Letter states that such providers cannot deduct input VAT for services unrelated to taxable activity and must satisfy a two‑step test linking remuneration to performance and confirming economic activity. The letter also amends the VAT Application Decree.
