VAT REAL ESTATE PROPERTY – PURCHASE OPTION

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Presentation transcript:

VAT REAL ESTATE PROPERTY – PURCHASE OPTION Taxable events Withdrawal of TREP from the taxpayer’s business, for family use or consumption Award of TREP from the taxpayer’s business Companies contributions and property transfers of TREP from the taxpayer’s business Withdrawal of TREP that are or are not from the taxpayer’s business, destined to raffles and sweepstakes Sale of universalities containing TREP from the taxpayer’s business Assignment of the use and enjoyment of furnished TREP Leasing agreements over TREP that are performed by a seller Sale of TREP that are part of the fixed assets, provided that the taxpayer was entitled to a tax credit. When does the tax become accrued? At the moment of TREP’s withdrawal. At the time of issuance of the invoice or invoices. (1) Performed in liquidations of civil and commercial companies. (2) Does not apply to hereditary communities and communities resulting from the dissolution of the conjugal partnership. When is regularity presumed? R: When between the TREP acquisition or construction date and the contract execution date 1 year or less has elapsed. On the occasion of: - Extension Amendment Incorporation *The content of this document is provided by Carey y Cía. For educational and informational purposes only and is not intended to be exact or complete, and should not be relied on as a substitute for legal advice. Carey y Cía. is not responsible for any consequences resulting from the action, lack of action or decision regarding the information contained in this publication. “TREP”: Tangible Real Estate Property

“TREP”: Tangible Real Estate Property WHICH SALES OR ACTS RELATED TO REAL ESTATE PROPERTIES ARE VAT FREE? LEASE OF REAL ESTATE PROPERTY SALE OF A HOUSE MADE TO THE BENEFICIARY OF A HOUSING SUBSIDY What happens if the properties are furnished or have facilities or machineries that allow the exercise of an activity? R: The lease is not VAT free By whom must the subsidy be granted? R: Ministry of Housing and Urban Planning SALE OF LAND LEASING AGREEMENTS OVER TREP PROVIDED THAT NO VAT was charged in the acquisition of the goods subject to the contract that immediately preceded the lease, because the sale is VAT exempt or not subject to VAT. GENERAL CONSTRUCTION AGREEMENTS LEASING AGREEMENTS ONLY when they have been benefited in whole or in part by a housing subsidy. “TREP”: Tangible Real Estate Property