Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
2.2.1.
General 2.2.1.1. VAT Directive — VAT is a tax on the value added in the supply of goods and services. The current EU legislation on VAT is laid down in the Seventh VAT Directive 2006/112/EC. This Directive provides a common framework re- garding the scope of application (Articles 1 to 30) , the way VAT is to be applied in the Member States (Article 31 to 92) , the standard rates (Articles 93 to 130) , the exemptions (Articles 131 to 166) and the deductions (Articles 167 to 192) . 2.2.1.2. Impact on property valuation — VAT can be a significant factor in property transactions. With the significant VAT rates applicable in many Member States, failing to recognise the impact of VAT on a transaction could prej- udice the property valuation. This is especially the case in markets where some buyers are not able to fully recover the VAT. The valuer should there- fore understand or, if necessary, seek instruction on the VAT status of the property being valued. In particular, it will be important for a valuer to know whether the property is exempt or whether the exemption has been waived and, if it is subject to tax, what VAT rate applies to the property transaction at issue. 2.2.1.3. Taxable persons and transactions — In principle, VAT is applied to all transactions carried out in the EU for consideration (payment) by a taxable person, i.e. any individual or body that supplies taxable goods and/ or services in the course of business (Articles 12 and 13) . Taxable transac- tions include supplies of goods or services within a single Member State, European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 343 intra-EU acquisitions of goods (goods supplied and dispatched or trans- ported by a business in one Member State to a business in another) and imports of goods into the EU from outside (Articles 14 to 30) . 2.2.1.4. Transfer of rights, shares and interests — Member States may consider the transfer of the following rights, interests and shares as a transfer of goods: (i) certain interests in immovable property, (ii) rights in rem giving the holder thereof a right of use over immovable property and (iii) shares or interests equivalent to shares giving the holder thereof de jure or de facto rights of ownership or possession over immovable property or part thereof (Article 15(2)) . 2.2.1.5. Interpretation of VAT rules and concepts — The rules and notions in the Directive constitute independent concepts of EU law which are to be inter- preted solely under EU law (judgment in the case C-278/18, Sequeira Mes- quita), unless when stipulated otherwise in the Directive. While a Member State's land and property law may be relevant in understanding the nature of the property transactions, it is irrelevant to the interpretation of the applicable VAT rules. When it is unclear how certain VAT rules should be applied, national courts may refer questions to the CJEU for a preliminary ruling on how the rules should be applied. Exemptions provided for in the Directive must be interpreted strictly (judgments in the cases C-278/18, Sequeira Mesquita and C 532/11, Leichenich). Download 1.74 Mb. Do'stlaringiz bilan baham: |
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