Temporary VAT reduction by 3% until 31.12.2020

  • Erstellt am 2020-06-03 22:46:58

Musketier

2020-06-15 22:12:30
  • #1
see paragraph 1 Preisangabenverordnung
According to this, the gross price must generally be stated.
Whether there is another civil law regulation somewhere, I cannot say.
 

Tarnari

2020-06-15 22:34:20
  • #2

But isn't the gross price and VAT always specified (at least I have never seen otherwise)? I have never seen an invoice = €119 gross. Actually at least "€119 incl. 19% VAT" or "€100 plus €19 VAT".
To my knowledge, there is an obligation to show the VAT.
It is different if I buy a plot of land and the house to be built is included. Then no VAT is due for the house because the land and house are taxed with real estate transfer tax.
 

Musketier

2020-06-15 23:02:29
  • #3
No VAT is to be shown in the offer, or do you see it on the product in the supermarket? There, the gross amount must always be stated. In contrast, the net amount is also shown at Metro. Whether there is a change to the amount when the net amount and VAT are also shown is a civil law question and not a tax issue. However, I am not familiar with that. All tax articles I have read on this matter refrain from answering the question and refer to civil law.
 

WingVII

2020-06-15 23:03:10
  • #4
However, this by no means implies that the general contractor can pocket the 3% VAT. In the final invoice, the gross price is simply adjusted to the new tax. I cannot imagine the general contractor making a profit from the VAT reduction even from an accounting perspective.
 

Tarnari

2020-06-16 00:03:11
  • #5
Well, in retail a contract is concluded at the checkout. If an offer is accepted there (that is, by the buyer), a purchase contract arises, and only then, at the checkout. The invoice then issued (the receipt) does indeed contain VAT. The price tag in the supermarket is only an offer. Nothing more. The situation in the supermarket is somewhat different because it is a spontaneous purchase.
 

Musketier

2020-06-16 10:09:03
  • #6


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.
 

Similar topics
13.09.2012Feeling pressured into a contract, is that normal?17
29.09.2011Is construction pre-planning without signature / contract legally valid?12
09.04.2014Questions/neglected plot/meadow, determining construction measures44
17.03.2015Land with construction obligation = + 20% market value!14
05.04.2015Property reserved. Financing is pending52
21.04.2015Terraced house - Financial framework, land + construction financing13
19.11.2015Land is in sight - Financing feasible?11
03.01.2016surprising bill, no cost estimate12
08.03.2018Invoice for water connection despite payment through property price?35
04.01.2022Architect, contract according to HOAI 2013 - refuses to provide service36
24.06.2020House on parents' property - inheritance problems?161
11.03.2020Architects invoice - Amount okay?13
14.04.2020Feasibility Single-family house + land 400,000 €89
11.11.2020Cancellation of a contract with a plumbing company24
28.11.2020Expensive plot + single-family house 155 sqm + cellar KFW40+, financeable?60
02.02.2021The contractor wants to issue an invoice for planning services60
09.05.2021Price adjustment clause in the contract with the general contractor18
07.03.2022Cost breakdown and financing situation (Bargain plot)23
30.03.2022Terminate the contract with the general contractor "early"22
20.09.2023Complete invoice: how much land can we afford?42

Oben