Temporary VAT reduction by 3% until 31.12.2020

  • Erstellt am 2020-06-03 22:46:58

kati1337

2020-06-24 19:01:28
  • #1
From the document:



What does this mean, for example, for our kitchen or our house acceptance?
The kitchen will be installed in September and the house accepted. All previous advance payments were made with 19%.
The kitchen deposit was also previously calculated with 19%.
The contract with the construction company contains a clause that secures a VAT increase. ("If VAT is increased, the construction price will be adjusted accordingly"). In my layman's opinion, it would legally be an overreach of one party to the contract if, in case of a VAT reduction, this were not correspondingly applied to the construction price, right?
 

Tolentino

2020-06-24 21:03:43
  • #2
Very briefly: Probably yes. However, that does not mean that the construction company sees it the same way. You might have to sue. I would ask very gently beforehand if the BU does not mention it on their own.
 

face26

2020-06-24 21:23:02
  • #3
The problem is that you have to read the entire document. The paragraph you copied actually only describes that for performance fulfillment and acceptance within the specified period, billing must be done with 16% VAT.

But that doesn’t help you, because the question is whether the entrepreneur has to pass on the reduction to you. As has been discussed here several times (I won’t copy the link again where I summarized it in layman’s terms, it’s one or two pages earlier) what is decisive is what is stated in the rest of the document. Contract before 01.03.20 = entrepreneur must pass on the reduction. Contract between 01.03. and 30.06. = can but does not have to.
All clauses etc. are then civil law issues.
But be careful, this is merely the prevailing opinion on the status quo of the draft.
 

Tolentino

2020-06-24 21:32:11
  • #4
In consumer law in general, there is a rule that the consumer must not be placed at a disadvantage compared to the entrepreneur. That means if the entrepreneur protects themselves against an increase but, on the other hand, does not allow the consumer to benefit from a reduction, this constitutes a disadvantage for the consumer (e.g. termination rights in subscriptions; the consumer's termination period must never be longer than that of the company). Here, it is not a completely clear case insofar as it is almost a reversal of the speculative case, but I see (as a layperson!) the case quite clearly. Your deadline issue probably rather concerns the case where there is no clause in the contract at all.
 

face26

2020-06-24 21:36:44
  • #5


...which I have already written...
 

saralina87

2020-06-24 21:39:20
  • #6

That’s correct, face meant it that way too.
But: In case of doubt (if the company simply does not pass on the reduction), one will have to sue. And of course, the question arises how sensible that is. I still hope that companies will rather try to avoid trouble, but who knows...
 

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