In my administrative law opinion, a company that does not pass on the "saved" VAT but lets the customer pay a possible increase should get a slap on the wrist for violating § 307 of the Building Code. But I am not proficient enough in tax law for that.
Building Code = Civil or private law.
Has nothing to do with tax law (in this case).
A serious question, since I am not an expert (not even remotely).
On what basis should he be able to do that? He offers a service. He invoices that for an amount X. That amount is net, he has to add VAT to it. Whether that is 16 or 19 is completely irrelevant to him. In the end, he has to pay the same amount to the tax office.
That’s also how I personally see it – for me, the reduction of VAT should not come at the expense of the end consumer (or rather, at the profit of the company). I already wrote and explained that above.
But: Musketier’s argument is based on the fact that the offered service always refers to gross prices – if that is the case legally from a civil law perspective, then it would be legitimate not to calculate VAT on the net price but to extract VAT from the gross price.
As I said, if I were an entrepreneur, I would communicate openly. I would not change my gross prices (because it can be an enormous effort) and instead grant x% discount on everything. The customer should be satisfied with that and it would remain profit-neutral for the company. That seems to me the simplest way.