Questions have been raised to the European Court of Justice:
1. Does Article 2 of Directive 2006/112 on the common system of value added tax preclude a transaction, one whereby a taxpayer, as creditor, acquires immovable property in the context of an enforcement procedure and, some time later, sells it in order to recover a sum of money which he had loaned, from being regarded as an economic activity in the form of the exploitation of tangible or intangible property for the purposes of obtaining income therefrom on a continuing basis?
2. Can an individual who has carried out such a legal transaction be regarded as a taxable person within the meaning of Article 9 of Directive 2006/112?
Source: curia.europa.eu
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