Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
2.2.3.7.
Exceptions — Article 135(2) of the Directive provides the following four ex- ceptions to this VAT exemption: "(a) the provision of accommodation, as defined in the laws of the Member States, in the hotel sector or in sectors with a similar function, including the provision of accommodation in holiday camps or on sites developed for use as camping sites; European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 347 (b) the letting of premises and sites for the parking of vehicles; (c) the letting of permanently installed equipment and machinery; (d) the hire of safes." 2.2.3.8. Member States may limit the scope of the exemption further but may not broaden it (Article 135(2) of the Directive) . For example, the CJEU confirmed that Member States may decide to make all leasing and letting of immova- ble property liable to VAT except for residential property (judgment in the case C-12/98, Amengual Far). 2.2.3.9. One single supply or multiple supplies — If a transaction comprises several elements, the question may also arise whether it is to be regarded as one single supply or as several distinct and independent supplies. 2.2.3.10. In this context, the CJEU ruled that the lease of a restaurant together with the equipment and kitchen appliances constitutes one single supply (judg- ment in the case C 17/18, Mailat). In the same vein, the CJEU decided in its judgment of 28 February 2019 that the transfer of the use of vineyards which also entailed the transfer of certain assets and intangible rights was to be considered as one single supply (judgment in the case C 278/18, Se- queira Mesquita). In its judgment of 27 September 2012, the CJEU did not provide a straightforward answer to the question whether lease agree- ments which also cover the supply of services linked to the lease (such as the supply of water, heating, repair services, cleaning and security) should be considered as one single supply or multiple supplies (judgment in the case C-392/11, Field Fisher Waterhouse). In this judgment, the CJEU none- theless clarified that the existence of a right to terminate the lease if the tenant fails to pay the service charges seems to indicate that there is a single supply. Moreover, the mere fact that a third party could in principle supply the services provided together with the lease, does not preclude that the lease and the services could constitute one single supply. 2.2.3.11. Conversely, the qualification of letting does not apply if the transaction es- sentially concerns the supply of services rather than simply making prop- erty available. In this respect, the CJEU observed that making available sport facilities such as a golf course or a football stadium generally entails not only the passive activity of making the course available but also a large number of commercial activities. In such cases, the use of the facilities will only qualify as a lease if it constitutes the main service supplied in the transaction (judgments in the cases C-551/15, Pula Parking and C-150/99, Stockholm Lindöpark). 348 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 Download 1.74 Mb. Do'stlaringiz bilan baham: |
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