Edition 2020 Ninth edition
Leasing or Letting of Immovable Property
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a6048c931cdc93 TEGOVA EVS 2020 digital
2.2.3.
Leasing or Letting of Immovable Property 2.2.3.1. VAT exemption — Pursuant to Article 135(1)(l) of the Directive, Member States must exempt from VAT the leasing or letting of immovable prop- erty under conditions that they have to determine. However, according to Article 137(d) of the Directive, Member States may allow taxpayers to opt for VAT on these transactions. 2.2.3.2. Scope of application — Although the concepts of immovable property, letting and leasing are not defined by the Directive, they have to be ana- lysed under EU law and not under the Member State's national laws. 2.2.3.3. The CJEU clarified that the concept of "immovable property" does not require that the property must be indissociably incorporated into the ground. It is sufficient that the property is not mobile nor easily movable, even where it is to be removed at the end of the lease. For instance, the CJEU considered as immovable property prefabricated buildings used as temporary housing which were bolted onto a concreted area, even though the buildings could be dismantled by eight persons in ten days and then re-erected elsewhere (judgment in the case C 315/00, Maierhofer). In the same vein, the CJEU decided that a houseboat without any propulsion system should be qualified as immovable property, on the grounds that it was immobilised on a river for many years and could not be removed without effort and considerable cost, was rented exclusively for the per- manent operation of a restaurant discotheque and was connected to the water and electricity mains (judgment in the case C 532/11, Leichenich). 2.2.3.4. In order for there to be "letting" of immovable property within the meaning of the Directive, the transaction must satisfy the following characteris- tics: the conferring by a landlord on a tenant, for an agreed period and in return for rent, of the right to occupy that property as if that person were the owner and to exclude any other person from enjoyment of such a right (see, for instance, the judgment in the case C-278/18, Sequeira Mesquita). Download 1.74 Mb. Do'stlaringiz bilan baham: |
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