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Sales tax refund

A pair of  foreign company can be in an EU country paid sales tax be reimbursed even if no sales were made in this country. The prerequisite for the application, which is subject to deadlines, is a reciprocity agreement between the EU and the company's country of origin.

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VAT reimbursement in Germany

A company based abroad may be burdened with costs for attending a trade fair, purchasing goods or purchasing other services in an EU country. These invoices for transport and setting up a trade fair stand, hotel costs, etc. include sales taxes, which a company subject to sales tax in Germany receives back as input tax from the tax office. A foreign company can also be subject to tax in Germany if it carries out sales here. However, if the foreign company does not make any sales in this country, then there is no refund of input tax via the regular tax declaration. However, you still have the option of applying for a sales tax refund.

Companies with taxable sales

In Germany, as well as in the other EU countries and also in Switzerland, companies receive this tax back even after several years if they have had taxable transactions, for example from the sale of goods, a service or the rental of a property. This works with companies from Switzerland because the EU has a so-called reciprocity agreement with this country.

However, due to the lack of a reciprocity agreement, companies from China or Russia are well advised to make sales here, even if only by selling used items in the country at the trade fair. You don't have to set up a company in the EU to do this. Through the sale of the exhibition stand, a computer or other items, the company has taxable sales and is therefore taxed regularly with a simultaneous right to reimbursement of input tax. There is then no longer any need to apply for a sales tax refund, which would not be granted anyway. The company can have the input tax invoiced to it refunded even if it is a multiple of the VAT amount to be paid.

If there were no sales in the relevant year, companies from most other countries can apply for a VAT refund under certain conditions. The application must be submitted in the correct form and on time.

Companies with no sales can apply for a VAT refund

If there are no domestic sales, an EU company can do so until September 30.09th. submit an application for reimbursement of input tax in the following year. Companies from non-EU countries must submit the application by June 30.06th. place. Due to the corona pandemic, the deadlines have been temporarily extended and the formal requirements can still be met. In Germany, the remuneration applied for must be at least 500 euros if the remuneration period is the calendar year or the last period of the calendar year. Otherwise at least 1.000 euros. The company must provide a certificate from the tax authority of its country stating that it is registered as a company under a tax number.

Jürgen Bächle
Jurgen Bachle

has been working as an independent tax consultant and expert in international tax law since 1989 and has been a member of the board of the German Association of Tax Consultants Baden-Württemberg, DSTVBW, for over 20 years.

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