ASA (hereinafter referred to as the “Company” or “Applicant”) is a developer company and a registered, active payer of value added tax (hereinafter referred to as “VAT”).
The company plans to implement an investment consisting in the construction of a complex of 3 multi-family residential buildings with underground garages and above-ground parking spaces (hereinafter referred to as the “Investment”).
The area where the Investment will be implemented is covered by the Local Spatial Development Plan and, in accordance with it, is intended for multi-family housing development.
According to the Polish Classification of Buildings (hereinafter “PKOB”) introduced by the Regulation of the Council of Ministers of December 30, 1999, each of the buildings included in the Investment will be classified in Section 1 “Buildings”, Section 11 “Residential buildings”, Group 112 “Buildings with two apartments and multi-apartments” Class 1122 “Buildings with three and more apartments”. In addition, all of the residential units located in the buildings will have a usable area not exceeding 150 m 2 .
The Applicant will apply for a building permit for the Investment.
The Applicant plans to conclude an agreement with the company that is the investor (hereinafter referred to as the “Investor”), under which it will undertake to sell the above-mentioned Investment to the Investor in a partial implementation together with the land on which it is located. The Applicant and the Investor plan that by the time of sale, the Applicant will perform: all earthworks, foundations, underground storey (level -1), ceiling above the underground storey (grade 0), external walls of buildings on the ground floor level, ceiling above the ground floor and sell at this stage Investment for the Investor. Then, the Investor will continue the construction of the Investment and will engage the Applicant as the general contractor. After the sale of the Investment, construction works will be continued in accordance with the building permit and the construction design, the implementation of which was started by the Applicant.
Question
In the presented description of the future event, will the sale of the Investment be taxed with a reduced rate of tax on goods and services, in accordance with Art. 41 sec. 12 of the VAT Act, in connection with Art. 146a point 2 of the VAT Act (i.e. 8% VAT rate)?
Source: lex.pl
