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

Eugena Cerny shares hard-earned lessons from tax automation projects and explains how to navigate internal roadblocks and miscommunications
The Clifford Chance and Hyatt cases collectively confirm a fundamental principle of international tax law: permanent establishment is a concept based on physical and territorial presence
Australian government minister Andrew Leigh reflects on the fallout of the scandal three years on and looks ahead to regulatory changes
The US president’s threats expose how one superpower can subjugate other countries using tariffs as an economic weapon
The US president has softened his stance on tariffs over Greenland; in other news, a partner from Osborne Clarke has won a High Court appeal against the Solicitors Regulation Authority
Emmanuel Manda tells ITR about early morning boxing, working on Zambia’s only refinery, and what makes tax cool
Hany Elnaggar examines how AI is reshaping tax administration across the Gulf Cooperation Council, transforming the taxpayer experience from periodic reporting to continuous compliance
The APA resolution signals opportunities for multinationals and will pacify investor concerns, local experts told ITR
Businesses that adopt a proactive strategy and work closely with their advisers will be in the greatest position to transform HMRC’s relief scheme into real support for growth
The ATO and other authorities have been clamping down on companies that have failed to pay their tax
Gift this article