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Correct and Incorrect VAT Consequences of Plot Sales: Individual Interpretation

  • The Director of the National Tax Information confirms that the position on the tax consequences of the sale of plots is partly correct and partly incorrect.
  • The correct aspects include the taxation of the sale of plot no. 1/1 and the right to deduct input VAT in connection with the purchase of plot no. 1/1.
  • The incorrect aspects include the VAT exemption for plot no. 1/2 and no right to deduct input VAT in connection with the purchase of plot no. 1/2.
  • The joint application for an individual interpretation was submitted on June 21, 2023, and the response was completed on September 11, 2023.
  • The interested parties involved in the application are Mr. MB and Mr. P.Ś.
  • The application describes the future event of the sale of several properties acquired through the abolition of co-ownership.
  • The plots were not documented with invoices showing the rate and amount of tax on goods and services.
  • The preliminary sales agreements include conditions that need to be met before the final sales agreements can be concluded.
  • The Seller has granted powers of attorney to the Buyer’s representatives for various actions related to the property.

Source: sip.lex.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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