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Subjective VAT exemption. Should the rent of an apartment be counted towards the limit?

  • Taxpayer running a construction company is exempt from VAT due to turnover not exceeding 200,000 PLN.
  • Taxpayer wants to buy and rent out an apartment for residential purposes.
  • The value of the rent will be considered when determining the right to exemption.
  • Exemption from VAT applies to sales made by taxpayers whose sales value did not exceed 200,000 PLN in the previous tax year.
  • Exemption also applies to sales made by taxpayers starting their business during the tax year, if the predicted sales value does not exceed 200,000 PLN in proportion to the period of business activity.
  • The right to exemption is primarily assessed based on the value of taxable sales.
  • Sales exempt from VAT are generally not considered when determining the right to exemption, but there are exceptions.
  • One exception applies to transactions related to real estate, including rental services for residential purposes.
  • According to tax authorities, rental services for residential purposes should be included in the sales value for the purpose of determining the right to exemption.
  • If the sales value exceeds the threshold, the taxpayer should register for VAT.

Source: ksiegowosc.infor.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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