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ECJ Rules on VAT Applicability for Sale of Personal Immovable Property with Professional Involvement

  • A person selling immovable property originally held as personal assets may be taxed individually or as co-owners.
  • The ECJ examined if selling property not previously used for business, with professional help to increase its value, is an economic activity.
  • The applicant and spouse acquired land in 1989 and sold plots without VAT.
  • In 2011, a contractor was hired to develop and sell land, with marketing activities commissioned.
  • The tax authorities deemed the sale an economic activity subject to VAT.
  • The applicant argued the sale was not an economic activity and funds were for personal use.
  • The applicant claimed misinterpretation of VAT laws, asserting no intention of commercial activity.

Source: ey.com

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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