Foreign companies that supply goods or services to private individuals in Germany cannot reclaim the input VAT incurred under the so-called input VAT refund procedure. This was clarified by the Cologne Finance Court in its judgement of 13 November 2025 (Case No. 2 K 2009/24).
What was the starting point of the legal dispute?
In 2022, a Dutch entrepreneur supplied, installed and commissioned a sectional door for a private individual in Germany. In doing so, he charged German VAT and remitted it to the tax office. He subsequently applied for a refund of his input VAT for this period via the special input VAT refund procedure.
This procedure is actually a simplified way for foreign businesses to claim a refund of input VAT without having to submit a full VAT return in Germany. However, the tax office rejected the application.
Why did the application fail in court?
The Cologne Finance Court upheld the rejection on two grounds.
Wrong procedure selected
The special remuneration procedure under Section 59(1) of the Value Added Tax Implementation Ordinance (UStDV) is available to foreign businesses only if they either do not generate any taxable turnover in Germany at all, or generate only such turnover where the recipient of the supply is liable for the tax. This is the case, for example, with construction services between businesses under Section 13b of the Value Added Tax Act (UStG), known as the reverse-charge procedure.
In this case, however, the transaction involved the supply of goods to a private individual. Private individuals cannot assume liability for the tax, so the trader had to pay the VAT himself. Consequently, he was subject to the standard taxation procedure and was not entitled to the simplified refund procedure.
Deadline missed
Furthermore, the claims had not been submitted within the prescribed time limit. Under Section 61(2) of the VAT Implementation Regulation (UStDV), claims for a refund must be submitted no later than nine months after the end of the calendar year in which the entitlement to an input tax refund arose. This deadline is a so-called preclusive deadline, meaning that it cannot be extended, nor can a failure to meet it be remedied retrospectively.
What applies instead?
Foreign businesses that carry out transactions with private individuals in Germany which are subject to VAT must follow the standard VAT procedure. This means that they must register for VAT with the relevant German tax office and submit an annual VAT return. Only in this way can they claim back their input VAT for the calendar year in question.
It is important to note that it is not possible to switch between the two schemes within a single year. Anyone who has generated taxable turnover in Germany at any point must account for all input VAT for that year using the standard scheme.
What does that mean in practice?
For foreign companies that occasionally carry out work in Germany – such as tradespeople or installation firms from other EU countries – this ruling could have far-reaching consequences. Even a single service provided to a private individual could result in the simplified VAT scheme being ruled out for the entire year. Anyone who is unsure about the VAT treatment of their services in Germany should seek tax advice in good time.
Source: Haufe: Tax
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