Court of Justice of the EU - Rulings
C‑140/17: VAT deductions on immovable property - 25 July 2018
The Second Chamber of the CJEU has ruled that the VAT Directive and the principle of the neutrality of VAT must be interpreted as not precluding a body governed by public law from being entitled to a right to adjustment of VAT deductions paid on immovable property acquired as capital goods in a situation where, at the time of the acquisition of those goods, first, they could, by their very nature, be used both for taxable activities and for non-taxable activities but were initially used for non-taxable activities. And second, that the public body had not expressly stated its intention to use those goods for a taxable activity but had also not excluded the possibility that they might be used for such a purpose, so long as it follows from an assessment of all the factual circumstances, which it is for the referring court to carry out, that the condition laid down by Article 168 of the VAT Directive, according to which the taxable person must have acted as a taxable person at the time when it made that acquisition, is satisfied.
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