Prawo Budżetowe Państwa i Samorządu (Sep 2016)

Resignation from the VAT exemption of sales of residential premises by the developer

  • Joanna Koziollek

DOI
https://doi.org/10.12775/PBPS.2016.017
Journal volume & issue
Vol. 4, no. 3
pp. 107 – 128

Abstract

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Tax institutions should be construed in a rational manner, in order so as to not restrict economic turnover excessively. The regulations concerning the possibility to resign from the VAT exemption of sales of residential premises by the developer characterizes by the high level of formalism which affects in a negative manner the sales process performed by the developer. This paper is devoted to the fragment of the polish Act on the goods and services tax governing the issue of resignation from the VAT exemption of sales of residential premises, which implies in a certain extent to appeal to the regulation of exemptions stipulated in this Act. The subject matter of this analysis is to examine the correctness of transposition of the Directive 112 into polish legal system in the field of real estate exemptions from VAT, the conditions for exercising the optional exemption, as well as the benefit of the resignation from the VAT exemption by the taxpayer.

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