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Hospitality, food & agriculture

Use case · Tax

Room and breakfast at one price: splitting the package for VAT in Austria and Germany

Two hotels sell the same bed-and-breakfast package on either side of a border. Research why the VAT split differs and draft the note for the auditors.

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Hotels in Salzburg and Berchtesgaden sell a package: room, breakfast and one parking space, single price per night, sold to private guests.
AT · DE · EU
Researching

Searching EUR-Lex · Curia

Searching RIS

Searching Gesetze im Internet

Searching Rechtsprechung im Internet

EU law permits, member states choose. The VAT Directive allows reduced rates for hotel accommodation and for restaurant services. Each member state decides whether to use them and how far they reach, so the same package can be split differently a few kilometres apart.
Germany splits breakfast from the room. German law limits the reduced rate for short-term accommodation to the letting itself. Breakfast, parking and similar services do not share that treatment, even when sold at one price, so the package price must be divided.
Austria keeps a customary breakfast with the room. Austrian law treats a customary breakfast included in the room price as an ancillary part of the accommodation. Half board, drinks and parking need their own analysis.
The allocation must be documented. German administrative guidance has accepted a simplified allocation for some package elements. Whether it fits this package is a research question, and the invoice must show the amounts at each rate.
Draft the allocation note
hotel-breakfast-package-vat.docx
Regenerate
Export
Word (.docx)PDF
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Room-and-breakfast package: VAT allocation by hotel

Salzburg. The breakfast included in the room price is treated as part of the accommodation and follows its treatment. Parking is a separate service and is allocated its own share of the package price. The folio template is being changed to show it.

Berchtesgaden. Only the letting of the room takes the accommodation treatment. Breakfast and parking are separate services. Until now the full price was posted to accommodation, so the returns for open periods need review.

Method. For Berchtesgaden we propose to allocate the package price using the individual prices at which breakfast and parking are sold on their own. The simplified allocation in the administrative guidance was considered and is noted in the annex.

Sources · EUR-Lex · Curia · RIS · Gesetze im Internet · Rechtsprechung im Internet
Saved

A replay of this page’s example. In azta every line of the answer carries a citation that opens the provision itself.

The situation

A room-and-breakfast package sold at a single price

A family hotel company runs a 90-room hotel in Salzburg and a 60-room hotel in Berchtesgaden, half an hour apart. Both sell the same package online: room, breakfast and parking at one price per night. The booking engine posts the whole amount to accommodation in both hotels.

The auditors have asked how the package is split for VAT. The finance team suspects the answer differs between the two houses. The hours go on finding the rule for each element, the allocation method each tax authority accepts and what the folio must show.

What the research has to settle

The rules behind the answer

EU law permits, member states choose
The VAT Directive allows reduced rates for hotel accommodation and for restaurant services. Each member state decides whether to use them and how far they reach, so the same package can be split differently a few kilometres apart.
Germany splits breakfast from the room
German law limits the reduced rate for short-term accommodation to the letting itself. Breakfast, parking and similar services do not share that treatment, even when sold at one price, so the package price must be divided.
Austria keeps a customary breakfast with the room
Austrian law treats a customary breakfast included in the room price as an ancillary part of the accommodation. Half board, drinks and parking need their own analysis.
The allocation must be documented
German administrative guidance has accepted a simplified allocation for some package elements. Whether it fits this package is a research question, and the invoice must show the amounts at each rate.

How it runs in azta

From the question to the document

The question, as you would type it

Hotels in Salzburg and Berchtesgaden sell a package: room, breakfast and one parking space, single price per night, sold to private guests. How must each hotel split the price for VAT, and which allocation methods does each tax authority accept?
  1. You start with

    A room-and-breakfast package sold at a single price

  2. 01

    Describe the package element by element

    List what the guest gets for the price. azta searches the VAT Directive and the Austrian and German VAT acts for the treatment of each element.

    Cited research· Free
  3. 02

    Check the provision behind each element

    Open each citation in the original language with its in-force status, and compare versions where a rule has changed.

    Atlas statute reader
  4. 03

    Find the decisions on packages

    Ask how the courts treated breakfast, parking and wellness in hotel packages. azta summarises the decisions and links the full text.

    Case-law search
  5. 04

    Draft the allocation note

    Ask for a note per hotel with a table of elements, treatment and allocation method. Edit it in Canvas and export to Word for the auditors.

    Word export· Pro
  6. You send

    An allocation note showing the VAT treatment of each element, per hotel

What you get

An allocation note showing the VAT treatment of each element, per hotel

Allocation note · draft

Room-and-breakfast package: VAT allocation by hotel

Salzburg. The breakfast included in the room price is treated as part of the accommodation and follows its treatment. Parking is a separate service and is allocated its own share of the package price. The folio template is being changed to show it.

Berchtesgaden. Only the letting of the room takes the accommodation treatment. Breakfast and parking are separate services. Until now the full price was posted to accommodation, so the returns for open periods need review.

Method. For Berchtesgaden we propose to allocate the package price using the individual prices at which breakfast and parking are sold on their own. The simplified allocation in the administrative guidance was considered and is noted in the annex.

Illustrative excerpt. A real draft is built from your facts and cites the provisions it relies on.

Outcomes on your numbers

What azta is worth on this task

Pro pays for itself after

18 minutes a month

At €90 an hour, that is all the time Pro (€27 a month) has to take off your desk to cover its price.

Example figures. Replace them with your own.

10%50%
Hours back a year
36
Capacity at your rate
€3,240
More package VAT allocation notes a quarter
1.5
Return on Pro
10×
Hours a year on this task
Today144 h
Your scenario108 h
  • Research
  • Drafting
  • Your review

A scenario you set, not a promise. The hours that come back go to another client, or deeper into this one.

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Sources azta searches here

  • EUR-Lex · Curia
  • RIS
  • Gesetze im Internet
  • Rechtsprechung im Internet
See the full source register

What stays with you

  • What the package really includes, from the booking engine to the breakfast room.
  • The allocation method and the decision to correct earlier periods.
  • Agreeing the treatment with the auditors and the tax advisor.

Frequently asked questions

Does azta calculate the split?
No. It finds and cites the rules and the accepted methods, and drafts the note. Your team applies the method to its own prices.
What about half board and all-inclusive?
Put them in the question. Meals beyond breakfast and drinks raise their own rules, and azta researches each element separately.
Can I see the rule as it stood last year?
Yes. Ask about the law at a past date, which helps when reviewing earlier returns.

Book a demo

See the allocation note built from your own case.

Bring a real question and watch azta research it and draft the document. If your team would use it, we set up Enterprise with your templates and workspaces.

  1. 1

    Bring a real question

    One from this week, with the facts you would give a colleague.

  2. 2

    We run it in azta with you

    You watch the research and open the citations against the provision.

  3. 3

    You see the draft it produces

    Then we plan a trial with your team, if it fits your work.

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  • Data stays in the EU/EEA
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