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Tax implications of compensation payment under lease agreement between Spørger and Y.

  • Y pays compensation to the Inquirer in accordance with the compensation agreement
  • The compensation amount received by the Inquirer from Y is subject to VAT
  • The purpose is to clarify whether the compensation amount constitutes a taxable consideration
  • Inquirer and Y have separate lease agreements with A for premises in the same property
  • In a compensation agreement, Inquirer agrees to give consent to Landlord for Y to transfer their lease to a competitor
  • Inquirer receives a compensation amount from Y for giving consent
  • Inquirer’s lease agreement with Landlord states that rent is subject to VAT
  • Y’s lease agreement with Landlord also states that rent is subject to VAT
  • Y is not allowed to transfer the lease to a competitor without Inquirer’s consent
  • The agreement is subject to confidentiality due to tax authorities’ obligations

Source: info.skat.dk

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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