Edition 2020 Ninth edition
The Supply of Land and Buildings
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a6048c931cdc93 TEGOVA EVS 2020 digital
2.2.2.
The Supply of Land and Buildings 2.2.2.1. New buildings and building land — In line with Article 12(1) of the Direc- tive, the supply, before first occupation, of a building and of the land on which the building stands and the supply of building land are subject to VAT. Member States may apply criteria other than that of first occupation, such as the period elapsing between the date of completion of the building and the date of first supply or the period elapsing between the date of first occupation and the date of subsequent supply, provided that those periods do not exceed five years and two years respectively. 2.2.2.2. Existing buildings and other types of land — The supply of buildings or parts thereof, land on which a building stands and land which has not been built on is, in line with Article 135(1)(j) and (k) of the Directive, exempted from VAT. 2.2.2.3. However, according to Article 137(1)(b) and (c) of the Directive, Member States may allow taxpayers to opt for VAT on these transactions. If the taxpayer opts for this, VAT will be chargeable on the supply of property but 344 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 the taxpayer can recover the VAT on its inputs. The CJEU clarified that, for the purposes of this VAT exemption waiver, buildings or parts of buildings and the land on which they stand cannot be dissociated from each other (judgment in the case C-400/98, Breitsohl). Therefore, a taxable person who supplies both buildings and the land on which they stand may either use the VAT exemption for the buildings and the land taken as a whole, or opt for taxation of the whole. 2.2.2.4. The notions of "land" and "building" — It is clear from the above that the VAT rules for the supply of land depend on the type of land supplied. It is therefore important to clarify the three types of "land" that the Directive distinguishes: building land, land on which a building stands and land which has not been built on. Download 1.74 Mb. Do'stlaringiz bilan baham: |
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