VAT on sale and rent of private flats and commercial space

This publication regards the VAT on sale and rent of private flats and commercial space. The assumption is that the taxpayer is a company with legal personality, that is an active VAT payer in Poland.

The following questions have been answered below:

  1. Which VAT rate should be applied?
  2. What about rental? If the company or subsidiary will rent space and flats, how is the VAT settled?
  3. What in case of sale, is there a VAT on the notarial deed? How is the VAT settled?
  4. Is there any VAT that cannot be deducted from commercial activities (rent, sale)?
  5. What is the settlement of VAT during construction (no or low sales)?
  6. How does the VAT settlement between 23% (such as paid to the general contractor) and 8% (sale to a private person) look like?

Ad. A. Which VAT rate should be applied?

REPLY:

The legislator in art. 41 paragraph 12-12c of the …

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