But that by no means means that the main contractor can just absorb the 3% VAT. In the final invoice, the gross price is simply adjusted to the new tax rate. I cannot imagine a profit for the main contractor from the VAT reduction even from an accounting perspective.
Put yourself in the entrepreneur's shoes:
A gross price was agreed with the end customer. According to the Price Indication Ordinance, this must
always be gross.
Why should the gross price now be changed? Which law obliges him to adjust the price?
In my opinion, theoretically even the individual prices for the end customer should be stated or at least be able to be stated gross:
Earthworks €50,000
Shell construction €100,000
Sanitary €25,000
Electrical €25,000
Other €50,000
Gross €250,000
including VAT 16% €34,482.75
of which €238,000 was prepaid
still to pay €12,000
done.
Now imagine the reverse situation. You agree a fixed price of €250k with the entrepreneur.
Now the VAT is spontaneously increased and you suddenly have to pay 3% more. Would that be fair to you or would you sue for your fixed price?
That is exactly why most main contractors will have a provision in their contracts that entitles them to charge the increase on top.
They have learned from historical VAT increases that such a change in VAT leads to lawsuits.
However, if there is no provision in the contract, none of you have so far been able to name a legal basis for me (except the §29 USTG I mentioned for long-term contracts) that could force the entrepreneur to deviate from his agreed gross price, except for his own goodwill.