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Correction of input tax deduction in the case of a VAT-free sale of a property acquired with an option for VAT

With a judgment of March 2, 2022 (Az. 4 K 38/19), the 4th Senate of the Schleswig-Holstein Finance Court recognized that the (re)sale of a plot of land that has been made ready for building together with the associated planning services for the construction of rental properties is also a only one-time use of the property for the execution of a transaction is when the property owner generates ancillary revenues from the temporary approval of the installation of advertising media on the property in the planning phase, and that the adjustment-neutral business sale of a rental company in the process of development presupposes that this already has a certain objective consolidation has experienced.

Source: datev-magazin.de

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