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Unequal Treatment of Perpetual Users in VAT: Implications of EU Court Ruling on Property Ownership

  • Users of perpetual usufruct are treated unequally in terms of VAT
  • According to the tax authorities, the method of acquiring ownership of a property by perpetual usufruct users can affect VAT treatment
  • The discrepancies arise from a ruling by the Court of Justice of the European Union from February 25, 2021
  • The essence of the transaction remains the same regardless of the method of acquiring ownership
  • There may be a change in the tax authorities’ interpretation in the future, aligning with the EU court ruling and treating the sale of ownership rights to perpetual usufruct users as a separate supply subject to VAT.

Source: mddp.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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