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Explanation

English translation: No, the opposite is the case

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09:58 Mar 31, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Explanation
Zusammenfassend bleibt festzuhalten, dass der Vorsteuerabzug der Becker GmbH nur dann gefährdet ist, wenn Herr Müller z.B. als Kleinunternehmer bzw. Als Nichtunternehmer nicht zum gesonderten Ausweis der Umsatzsteuer berechtigt
war.

In this case is it Mr. Muller, who runs the risk of pre-tax deduction by Becker GmbH?

Or have I got it wrong?
Poornima Iyengar
Local time: 06:03
English translation:No, the opposite is the case
Explanation:
Mr. Müller charged a certain amount to Becker GmbH and indicated the amount of VAT as a separate item in the invoice according to German commercial legislation. Such VAT amounts paid by Becker (in German "Vorsteuer") may be set off against Becker's VAT liabilities towards financial authorities (deducted) in case Mr. Müller met several requirements in accordance with the VAT Act (Unternehmereigenschaft"). Here it is in doubt whether Mr. Müller meets these requirements and, thus, was qualified to separately disclose VAT in the invoice. If he was not, Becker, consequently may not deduct the VAT disclosed in Müller's invoices from their VAT liabilities, thus, bearing higher expenses.
Selected response from:

Steffen Pollex
Local time: 02:33
Grading comment
Thank you Steffen! That was excellent!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4No, the opposite is the caseSteffen Pollex
4sentencegangels
4Becker GmbH runs a risk of losing out...Sandra Schlatter


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Becker GmbH runs a risk of losing out...


Explanation:
As far as I understand this, Hr. Mueller invoiced the GmbH and charged them Umsatzsteuer. Normally, the GmbH would set this tax off against their taxes. In the event that Hr. Mueller was not entitled to charge the Umsatzsteuer, the GmbH would lose out, they would not be able to deduct the tax paid out to Mr. Mueller from their taxes, so they would effectively pay twice.

This is all about VAT/VAT registration..., the big question is whether Herr Mueller should invoice with VAT.

Sandra Schlatter
Local time: 01:33
Native speaker of: Native in GermanGerman
PRO pts in pair: 95
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16 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
No, the opposite is the case


Explanation:
Mr. Müller charged a certain amount to Becker GmbH and indicated the amount of VAT as a separate item in the invoice according to German commercial legislation. Such VAT amounts paid by Becker (in German "Vorsteuer") may be set off against Becker's VAT liabilities towards financial authorities (deducted) in case Mr. Müller met several requirements in accordance with the VAT Act (Unternehmereigenschaft"). Here it is in doubt whether Mr. Müller meets these requirements and, thus, was qualified to separately disclose VAT in the invoice. If he was not, Becker, consequently may not deduct the VAT disclosed in Müller's invoices from their VAT liabilities, thus, bearing higher expenses.


    experience as an auditor under German Legislation
Steffen Pollex
Local time: 02:33
Native speaker of: Native in GermanGerman, Native in RussianRussian
PRO pts in pair: 503
Grading comment
Thank you Steffen! That was excellent!

Peer comments on this answer (and responses from the answerer)
agree  Martina Ley: Excellent explanation.
41 mins
  -> Thank you, I was supposed to know it after 6 years with KPMG, isn't it? It's basics.

agree  Dr Janine Manuel BSc BHB MBChB
2 hrs
  -> Thank you!

agree  gangels
3 hrs
  -> Thank you!

agree  Kathleen
9 hrs
  -> Thank you!
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
sentence


Explanation:
In summary it can be stated that the act of deducting a contingent tax by Becker Ltd. is jeopardized only if Mr. Müller--under his status of small business owner and/or not being the owner of a business--were not entitled to an independent recognition of the sales tax paid.

Drew on explanations provided on this board to make sense of it

gangels
Local time: 18:33
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5465
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