Et studie af momsmæssige muligheder og udfordringer i forbindelse med investering i fast ejendom

Pierre Storm Hansen & Carina Fischer Nielsen

Student thesis: Master thesis

Abstract

Ever since the implementation of VAT on real estate and piece of land from January 1 2011, it has induced some confusion in the industry, and furthermore caused a lot of binding response requests. In general, only a few publications are covering the field and many of the publications is not adequately updated. Usually, it would not be necessary to update regularly, but as practice and its interpretation have been characterized by so much diversification since 2011, an updated outline is required.
The VAT conditions are crucial in many investments regarding real estate. In this context, the investor and the advisor should navigate within a complex set of rules, and be able to use a variety of tools and approaches. First of all, they should be able to identify the correct toolbox for the specific case.
A created VAT system, in which some investors are taxable, while others is exempted, despite the fact that they are selling the exact same item. This are illustrated by the sale of
piece of land where project developers and others will be taxable, while companies making passive investments not necessarily will be.
Investor would have to navigate between old properties and the underlying tools as well, including execute updates of calculations, which determine whether their current business model is VAT profitable, why a change of strategy has to be considered. Particularly, the toolbox "demolition mature" properties has caused a lot of confusion and uncertainty in the industry, while The Danish Tax Agency had various positions along the way. The National Tax Tribunal has in several decisions gone against the practice of The Danish Tax Agency, who has appealed one of the decisions. The Danish Tax Agency does not accept the decision, why they have sent a control signal in 2017.
Finally, the investor must also be aware that the structuring tools might be of vital importance for the VAT consequences.

EducationsMSc in Auditing, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2017
Number of pages131