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Municipality’s Development Agreements Not Subject to VAT as Public Authority, Tax Council Rules

  • A municipality entered into a development agreement requiring property owners to cover costs for road intersection construction and billed them accordingly.
  • Only municipalities can make such agreements under Danish law, acting as public authorities.
  • The Tax Council (Skatterådet) found that municipalities are not competing with private businesses in this context.
  • Therefore, the municipality is not considered a taxable person for VAT regarding these agreements.
  • The invoiced services under the development agreement are not subject to VAT.

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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