- Recognition of the client as a VAT taxpayer
- Client’s belief that she will not be a VAT taxpayer when selling a share in the perpetual usufruct right of land along with ownership of a commercial building is incorrect
- The property is used for business purposes (rental) and not solely for personal use, so the client will be a VAT taxpayer when selling the share
- Possibility of applying VAT exemption
- The sale of the commercial building will be exempt from VAT under Article 43(1)(10) of the VAT Act
- The sale of the land (share in the perpetual usufruct right of land) on which the building is located will also be exempt
- Client’s position regarding the possibility of applying the exemption is correct
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.
