Germany: Federal Fiscal Court upholds time limits for input VAT deduction

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Germany: Federal Fiscal Court upholds time limits for input VAT deduction

German court rejects taxpayer’s claim for input VAT deduction and sticks to previous decision on time limits.

The German Federal Fiscal Court has handed down a new decision on the time limits for input VAT deduction. Originally, it was expected to decide on the requirements for the deduction of import VAT by a warehouse keeper. According to the court’s decision, this question was not of significance. Rather, the Federal Fiscal Court confirmed a decision of the 11th chamber regarding time limits for input VAT deduction (decision of December 1 2010, XI R 28/08).


Decision of the Federal Fiscal Court

Initially, the Customs authorities assessed import VAT against the appellant for the fiscal year 2008. However, the appellant claimed the respective input VAT deduction only in the fiscal year 2009.

The Federal Fiscal Court rejected the deduction of input VAT in 2009. The decision was based on the wording of the general provisions both of the German VAT Act and the VAT Directive. As a result, the decision is not solely authoritative about input VAT deduction in terms of import VAT or input VAT deduction in general.


Consequences in practice

To facilitate matters, it is not uncommon to claim input VAT in the current VAT period even if the requirements have already been met in a prior period. This is not without risk, though tax auditors do not usually challenge it. The input VAT deduction would have to be rejected based on a respective assessment by the tax auditor. In general, the enforcement of an input VAT deduction is possible by filing an amendment for the appropriate period. However, this depends on whether the tax assessment is materially definitive or not. If the tax assessment is no longer amendable, according to the decision of the Federal Fiscal Court, the input VAT is no longer deductible. For this reason, and to avoid further consequences, taxable persons are not permitted to deduct input VAT in such cases.

The time limit for input VAT deduction does not affect cases in which invoices charging VAT are received at a later time, for example, due to a necessary correction of the invoice or because the original has been lost in the post.

In practice, it might be difficult to claim a deduction of import VAT which is paid by third parties, if the third party charges the disbursed import VAT quite late (for example, because a claim for input VAT deduction by the third party was rejected as it was not entitled to an input VAT deduction due to not having the right to dispose of the goods). In the opinion of the German tax authorities, it is the time at which the import VAT is incurred, (date of import VAT assessment notification), which is significant for the appropriate VAT period, not its charge. In such cases, there is a high risk that the actual beneficiary of the input VAT deduction may no longer apply for the deduction, as the tax assessment for the appropriate period is already definitive.

Christian Salder (christian.salder@kmlz.de) is a partner of KÜFFNER MAUNZ LANGER ZUGMAIER, the principal Germany correspondents of the indirect tax channel on www.internationaltaxreview.com


more across site & shared bottom lb ros

More from across our site

An OECD report on taxation of the digital economy is expected by the end of 2026, according to the group of nations
Trophy assets are evolving from personal indulgences to structured investments, prompting family offices to prioritise tax efficiency, governance discipline, and cross-border compliance
As demand for complex, cross-border private client counsel spikes, Patrick McCormick sees opportunity in starting from scratch
As part of an exclusive global alliance, KPMG will become one of Anthropic’s ‘preferred consultants’ for private equity
In the second part of this series, the focus shifts to how taxpayers can manage ongoing risks across the lifecycle of cross-border structures
Jurisdictions have moved to ensure that multinationals are not punished for late GIR filings due to a lack of available filing portals or exchange relationships
HMRC’s push for unified tax adviser registration won’t prevent every instance of improper conduct, but it is good for taxpayers and the UK’s reputation
Elsewhere, the UAE’s tax office has issued an update on registration penalties and two firms have been busy making lateral hires
The case sits within a context of Brazil signalling that it is replacing informal discretion and ambiguity with structures that reward analytical rigour, one expert tells ITR
Jeff Soar lifts the lid on WTS UK’s ambitious recruitment plans, the firm's positioning against the big four, and why tax is the perfect profession for AI
Gift this article