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New court decision on the subject of breakfast prices in the hotel

New court decision on the subject of breakfast prices in the hotel

On the 21.09.2016 the Finance Court Schleswig-Holstein, made an important decision on the subject of breakfast prices in the hotel and the tax review, under case No.: 4 K 59 / 14.

The case: An hotelier calculated a price of breakfast € 5.00 for his two hotels. There the guest had the choice whether he wanted to book the hotel rooms with or without breakfast. External guests also paid € 5.00 for the breakfast.

Tax inspectors complained about the prices and calculated one time € 9.00 and one time  € 10.00 for the breakfast and therefore called for a subsequent payment on the calculated VAT.

The Finance Court Schleswig-Holstein did not share the opinion of the auditors, as the hotelier did not make a lump sum of bed and breakfast, but the prices were individually calculated and shown.

In addition, the auditors were of the opinion that the breakfast price must be calculated market-oriented.  The Court, however, decided that the breakfast prices in no way, nor with regard to the internal cost estimate, were improperly designed, and rejected the revision.

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