For paid guarantee commitments, which are not a dependent ancillary service, but an independent service, from 01.01.2023 insurance tax must be shown instead of VAT. Accordingly, the purchaser will no longer be able to deduct input tax on the guarantee commitments.
This new regulation, which originally comes from the automotive industry, is now to be applied irrespective of the industry. In addition, the regulation has been amended and postponed several times by the tax authorities. According to the BMF letter of October 18, 2021, the principles of the letter are to be applied to guarantee commitments made after December 31, 2022.
Please consult your tax advisor for details as well as tax structuring options and possible exceptions to the new tax regulation.
If you offer paid guarantee commitments and have any questions about your ERP system in this regard, please do not hesitate to contact us.
TSO-DATA
Stephan Exeler
+49 (541) 1395-0
team-fibu[at]tso[dot]de
