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Ruling: No Right to Recover VAT Tax in Connection with Road Construction Task

  • The text is a letter from the Director of the National Tax Information regarding the right to recover VAT tax in relation to a road construction project.
  • The letter confirms that the taxpayer’s position regarding the tax implications of the project is correct.
  • The request for an individual interpretation was made by the municipality, which received funding for the project but is not able to recover the VAT tax.
  • The municipality asked if they would be able to recover the VAT tax incurred in the project.
  • The response states that the municipality, as a VAT taxpayer, does not have the right to deduct the VAT tax paid for the project, as the goods and services are not used for taxable activities.
  • The interpretation is based on the relevant articles of the VAT law.
  • The conclusion is that the municipality’s position is correct and they are not eligible to recover the VAT tax.

Source: sip.lex.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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