- A down payment made by a private individual in a real estate purchase agreement does not allow the deduction of tax by the acquiring company
- The Court of Cassation ruled that a private individual without a VAT number who made a down payment in a preliminary contract for the purchase of real estate cannot claim the tax deduction in the final contract
- The Court excluded the possibility of challenging the abuse of rights in the transfer of the preliminary contract for the sale of real estate
- The acquiring company cannot deduct the VAT paid in the preliminary contract by the non-VAT registered individual
- The right to deduct tax arises when it becomes due, according to the law
- VAT becomes due at the time of property transfer, unless payment has been made in advance, in which case the operation is considered completed at the time of payment
Source: eutekne.info
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.
