With its letter dated from 22 January 2015 the German Ministry of Finance extended the non-objection-regulation of the reverse charge procedure for the supply of precious metals, base metals, selenium and cermet (according to Sec. 13b Para. 2 No. 11 German VAT Act).
From now on supplies of precious metals (except the supply of gold which were already considered as under the reverse charge procedure according to Sec. 13b Para. 2 No. 9 German VAT Act before 1 October 2014 as a supply) base metals, selenium and cermet, which were performed after 30 September 2014 but before 1 July 2015 will be not objected for any of the contracting partners, if all contracting partners are assuming that the supplying company is liable for VAT (and not assuming that the reverse charge procedure applies).
That regulation is also valid for the reversed case (in this event even for the supply of Gold), if all contracting parties consensually agree that the service recipient is liable for VAT (reverse charge procedure) in case that the supply of goods was performed after 31 December 2014 but before
1 July 2015 even though this supply of goods was at present not considered as under the reverse charge procedure according to Sec. 13b Para. 2 No. 11 German VAT Act and thus the supplying entrepreneur must be liable for VAT.
In case of any further questions in this connection or in connection with any other questions regarding VAT, please do not hesitate to contact us.