X bv concluded an agreement with foundation A for the delivery of fourteen new-build apartments, under which the immovable property purchased in 2008 will be developed.
X bv argues the economic ownership of the old immovable property was transferred to A subject to a VAT exemption.
The court points out that both the purchase agreement and the notarial deed of transfer show that the parties have made agreements with regard to the purchase of fourteen new-build apartments, including the land.
The court is of the opinion that there is one service subject to VAT, namely the delivery of a building and the associated land before, on or at the latest two years after the time of first use as referred to in Article 11, first paragraph, under a. , firstly, of the OB Act. Moreover, pursuant to Article 37 of the OB Act, the interested party already owes tax and is obliged to pay it at the time when it has issued the invoice for the first seven instalments.
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