Real-estate transactions and VAT

The sale and transfer of real property in Germany is either not taxable (if it constitutes a transfer of a going concern) or exempt from VAT due to a specific exemption rule. In the latter case, however, the seller may opt for VAT to apply if the purchaser also qualifies as an entrepreneur. The exercise of this option is generally essential to the seller if it is to preserve the input tax deductions it has already made.

Against this background, many VAT clauses drafted in the past provided for an option for VAT to apply in the event that the fiscal authorities did not accept that transfer of a going concern treatment applied…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer


5 New Street Square

Turnover (£m): 228.00
No. of lawyers: 860
Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)