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Return of expropriated land and compensation to municipality: What about VAT?

  • The return of expropriated land in exchange for a valued compensation is not considered a supply of goods, according to the Administrative Court in Wrocław
  • A municipality returned expropriated land to the legal successor of the previous owner
  • The municipality believed the return of the property would be VAT exempt, but the tax authority disagreed
  • The tax authority stated that the basis for taxation should be the compensation amount minus VAT
  • The tax authority considered the transaction as a taxable supply of goods, not a return of goods

Source: podatki.gazetaprawna.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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