Sale of business:
Sale of business:
If only inventory is acquired from the previous operator of the business, non-taxability may be overlooked. In a recent decision in the case of a restaurant, the Federal Fiscal Court clarified that a sale of a business as a whole also exists if the transferred inventory enables the business to be continued on a permanent basis and the purchaser can dispose of the property; in this context, it is irrelevant whether the purchaser leases it from a third party.
In contrast to an earlier ruling – in which only parts of the inventory were acquired and further inventory was leased from the owner – in the present case the entire inventory was transferred, which was sufficient for the continuation of the business.
Since all conditions for a continuation of the business existed, this was a sale of business as a whole and therefore no input tax deduction was possible from the incorrectly reported VAT.
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