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VAT Refund Eligibility for Photovoltaic Installations on Concession Land Clarified by Tax Agency

  • The request is admissible even if the asset is located on leased land.
  • The VAT Group installing photovoltaic systems for use as capital goods can request a VAT refund on related purchases.
  • This is based on Article 30 letter c of DPR 633/72 regarding the purchase of depreciable goods.
  • The fact that the systems are built on land held under a thirty-year concession does not prevent this solution.
  • The VAT Group operates in renewable energy and includes companies for design, construction, and maintenance of photovoltaic systems.
  • Some companies purchase systems internally without VAT, while all incur costs for goods or services from third parties, paying VAT.
  • Systems are managed by the Group or sold to third parties, located on owned or leased land.
  • The Group inquires if the annual excess deductible VAT can be refunded based on Article 30 paragraph 2 letter c of DPR 633/72.
  • Only members producing the systems pay VAT on production factors, while internal acquisitions are VAT-exempt.
  • The VAT Group regime simplifies and prevents abuse by treating independent entities as a single VAT subject.
  • Obligations and rights fall on the Group, not individual members.
  • Article 30 letter c aims to allow faster VAT recovery for investment operations.
  • This provision extends to non-depreciable goods used for business operations.

Source: eutekne.info

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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