- A municipal economic development company is entitled to deduct input tax from the development of a commercial area.
- The company was established to develop new commercial areas in the city and make them ready for construction.
- The city transferred the ownership of the land to the company on the condition that it develops the land into commercial areas.
- The company carried out the development and sold the land to various entrepreneurs, opting for VAT.
- The tax office denied the company’s input tax deduction for the development costs, claiming that the infrastructure was transferred to the city for free.
- The company argued that the development was necessary for the sale of the land.
- The court ruled in favor of the company, stating that it is entitled to the input tax deduction as it used the development for taxable supplies.
- The court also stated that even if there was no direct exchange of services, the company is still entitled to the deduction for a significant portion of the costs.
- The court rejected the tax office’s argument that the city could have carried out the development itself.
- The court found that the development costs were included in the sale prices of the land.
- The court allowed the revision of the case to the Federal Fiscal Court.
Source: datenbank.nwb.de
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.
