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ARTICLE · 15 JULY 2025

German Tax Update – 3 July 2025

On July 1, 2025, the German Ministry of Finance has amended the VAT Application Decree (UStAE) to implement the CJEU's abuse-of-law rulings...

GermanyTax

1. Germany Broadens Evidence Requirements for VAT Exemptions on Exports

What happened? 

On July 1, 2025, the German Ministry of Finance has amended the VAT Application Decree (UStAE) to implement the CJEU's abuse-of-law rulings (Cartrans, Vinš, Unitel) and provide clearer guidance on when export supplies can still benefit from VAT exemption in the absence of formal customs confirmation. According to the new guidance, the exemption is to be granted where the material conditions for an export can be demonstrated using objective criteria, even if formal documentary requirements are not fully met. This includes scenarios where customs stamps are unavailable – for instance, in airport retail, deliveries to diplomatic missions, or military exports. The revised decree now lists acceptable forms of alternative proof, such as certificates from German public bodies (including the Ministry of Foreign Affairs and the Bundeswehr), verified customs clearance documents from

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