1. VAT in Europe
3. VAT in Germany
5. VAT registrations and simplications in Germany

VAT registrations and simplications in Germany

When do I need a German VAT number?

As a general rule, a foreign business must register for VAT in Germany as soon as a taxable supply is made. The following are the usual examples of taxable transactions:

• Domestic supply of goods not reverse charged: A supply of goods located in Germany where the supply is not subject to reverse charge requires a VAT registration of the supplier
• Supply of services not reverse charged: Foreign businesses supplying services on which German VAT is due must register for VAT. These services are rather exceptional, as the general B2B rule would apply
• Export: Exporting goods to a non-EU country requires a VAT number before the export is made
• Intra-Community acquisition: Acquiring goods from another Member State where all conditions for intra-Community movements are met requires the customer to register for VAT
• Intra-Community supply: Supplying goods another Member State is also a taxable transaction that obliges the supplier to register for VAT
• Distance sales: When applicable in case the Seller has not joined OSS. See the E-commerce manual for more information.

A backdated registration is possible. In that case, all historic VAT returns must be filed, and potential penalties may be charged by the authorities on late VAT payments. We suggest agreeing the approach beforehand with the responsible tax officer.

There is no registration threshold for foreign non-established companies in Germany. For these businesses, a registration is required prior to the first taxable transaction made in Germany. Small established companies can avoid a VAT registration if the turnover of the previous year did not exceed EUR 22,000 and will not exceed EUR 50,000 in the current year.

Upon VAT registration, you will normally receive a tax registration number (Steuernummer), and in case you perform intra-Community transactions, you will also receive a VAT number (Umsatzsteuer-Identifikationsnummer, also known as USt-IdNr.). 

German Vat Number Format

• Country code: DE
• Structure: DE999999999
• Format (excludes 2 letter alpha prefix): 1 block of 9 digits

Fiscal representative in Germany (requirements)

Unlike other EU countries, in Germany, non-EU companies do not require a fiscal representative to register for VAT.

EU and non-EU businesses can register directly for VAT purposes. This means that the legal representative of the company can sign the registration form without any local German involvement.

However, foreign non-EU companies must communicate to the tax office a contact address in Germany.

A fiscal representative or customs agent may be required when performing certain customs related transactions.

German VAT Grouping

Germany implemented a VAT grouping simplification. From a VAT perspective, members of the group are integrated in the business of the Head of the group. This simplification is not limited to specific sectors or industries. Also, permanent establishments can be members of a VAT group (the head office abroad would not be considered part of the group).

VAT grouping is mandatory in Germany. Where two or more established companies are bound to each other, these businesses are treated as one taxable person by the German tax authorities.

Taxable persons are considered bound to each other where more than 50% of the shares are directly or indirectly owned by the same company. They may also be considered bound when there are organizational or economic links between these businesses.

Each member of the group must be a taxable person, even holding companies are accepted as group members. The head of the group can be any member. As in most countries, one single VAT return is filed for the entire group. Members are jointly and severally liable for all VAT liabilities.

German consignment or call-off stock

The EU introduced a call-off stock simplification that all EU Member States must implement. This simplification allows businesses to operate under a consignment stock structure without having to VAT register in the country of destination.

Old rules on call-off stock in Germany

Before 2020, the simplification for call-off stock would apply in Germany if a purchase contract was in place at the beginning of the transport of the stock and several additional conditions were met. These conditions included that the German customer must have been identified prior to the transport of goods into Germany and either the goods must been paid, or a binder order must have existed between the customer and the foreign supplier. Moreover, the client must have had unlimited access to the goods.

What is  call-off stock simplification?

As a general rule, a non-established company bringing stock into Germany and supplying the goods from this stock to a German client must register for VAT purposes in Germany. In the past, when a foreign supplier sent goods to a German warehouse to store these goods locally and supply them to a German customer as and when required by the client, this foreign supplier had to register for VAT purposes in Germany.

However, where the EU call-off stock simplification applies, the German VAT registration of the foreign business is not required, and the transaction is treated as a “direct” intra-Community supply of goods from the foreign business to the German client, allowing a reduction of compliance costs and administrative burdens, as well as cash-flow benefits for the client.

Bad debt relief in Germany

Bad debt relief is available in Germany provided the supplier has sufficient evidence that the relevant transaction became a bad debt.

The process to recover this VAT is simpler than in most countries. There are no time limits, threshold or specific application to be made. The adjustment is made in the current period by reducing the output VAT. In case the adjustment refers to historic VAT periods for which the annual VAT return has already been submitted, a corrective annual VAT return should be filed.

Businesses claiming input VAT in bad debt supplies must keep all relevant documentation to prove that the invoice has not been paid. There is no exhaustive list of documents that must be kept, however, such documentation must provide enough evidence of the VAT credit.

German import VAT deferral and postponed VAT accounting

Import VAT may be deferred in Germany up to 45 days, but a guarantee must be given by the importer. This system is called the payment simplification scheme.

Postponed import VAT accounting does not exist in Germany. It is not possible to report import VAT in the VAT return as input and output.

Customs (bonded) warehouse and VAT warehouse in Germany

Customs or bonded warehouses are available for goods that have not cleared customs in the EU (T1). VAT and excise duties are not due when these goods are directly placed in the Customs warehouse. As soon as they exit this regime, these amounts are due. VAT is not due neither on sales within the customs warehouse.

VAT warehouses are available for cleared goods (T2). These goods have already paid customs duties. The conditions are similar to those of Customs warehouses.   The goods allowed are those included in Appendix V of the VAT Directive, in addition, the following goods may also be subject to this suspension regime: certain wood items, gold, iron and steel product and non-ferrous metal.

German cash accounting

Small and medium enterprises in Germany can account for VAT on a cash basis. This regime is also known as Istbesteuereung in the local language. Where applicable, VAT will only be paid to the tax authorities when collected from the customer. The condition is that the taxable turnover in the previous year does not exceed €500,000.

Also, certain taxpayers such as self-employed individuals and companies with no bookkeeping obligations can benefit from the cash accounting scheme. A separate application must be filed, and the authorities should approve the request before this scheme is implemented.