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Ruling: No VAT taxation on the transfer (assignment) of a monetary claim

Question

Is the transfer (assignment) of a monetary receivable to the Company (Assignee), based on a purchase agreement from the seller (Assignor), who is the original creditor or another person authorized to dispose of this receivable, an activity subject to VAT?

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Considering the presented legal status and the description of the case, which does not indicate any remuneration due from the Assignor (seller) to the Assignee (purchaser), it should be stated that the activity consisting in the acquisition of the described Receivables cannot be treated as the provision of paid services by you. The analysis of the case shows that you will purchase the Claims on your own account and at your own risk. As part of these activities, you will be required to transfer the purchase price of the Receivables to the customer’s bank account, where the sale price will be lower than the nominal value of the Receivables. This price will not include any additional remuneration from the Assignor. The assignment agreement will also not contain any additional remuneration or provision of services by you to the Assignor.

Source: lex.pl

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