Sale of undeveloped agricultural land as a base for VAT taxation

Sale of undeveloped agricultural land raises problems of its VAT taxation interpretation. In view of absence of rigid normative criteria for defining economic operations, judicial decisions, which evolve over time, play a key role in this respect. The objective of this article is to indicate under...

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Main Author: Małgorzata Wróblewska
Format: Article
Language:English
Published: MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND) 2022-09-01
Series:Nieruchomości@
Subjects:
Online Access:http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.9855
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author Małgorzata Wróblewska
author_facet Małgorzata Wróblewska
author_sort Małgorzata Wróblewska
collection DOAJ
description Sale of undeveloped agricultural land raises problems of its VAT taxation interpretation. In view of absence of rigid normative criteria for defining economic operations, judicial decisions, which evolve over time, play a key role in this respect. The objective of this article is to indicate under what circumstances a natural person supplying agricultural real property is regarded a professional and when they act as a private property manager. The structure of the article has been divided into three sections. The first includes general remarks, while the second indicates the objective and subjective scope of VAT taxation on sale of undeveloped agricultural land. The third offers the conclusions. The article presents the following research hypothesis: a natural person registered as an active VAT payer for agricultural business should not always be obliged to pay tax on the sale of agricultural land. The following research methods were used in the article: legal-dogmatic, historical and comparative.
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spelling doaj.art-3e232027981143b2935c55ba474a10192022-12-22T04:29:16ZengMINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)Nieruchomości@2657-82472719-80302022-09-01IIIIII14115610.5604/01.3001.0015.985501.3001.0015.9855Sale of undeveloped agricultural land as a base for VAT taxationMałgorzata Wróblewska0Wyższa Szkoła Bankowa w GdańskuSale of undeveloped agricultural land raises problems of its VAT taxation interpretation. In view of absence of rigid normative criteria for defining economic operations, judicial decisions, which evolve over time, play a key role in this respect. The objective of this article is to indicate under what circumstances a natural person supplying agricultural real property is regarded a professional and when they act as a private property manager. The structure of the article has been divided into three sections. The first includes general remarks, while the second indicates the objective and subjective scope of VAT taxation on sale of undeveloped agricultural land. The third offers the conclusions. The article presents the following research hypothesis: a natural person registered as an active VAT payer for agricultural business should not always be obliged to pay tax on the sale of agricultural land. The following research methods were used in the article: legal-dogmatic, historical and comparative. http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.9855VATsupply of undeveloped agricultural landeconomic activityactive taxpayer
spellingShingle Małgorzata Wróblewska
Sale of undeveloped agricultural land as a base for VAT taxation
Nieruchomości@
VAT
supply of undeveloped agricultural land
economic activity
active taxpayer
title Sale of undeveloped agricultural land as a base for VAT taxation
title_full Sale of undeveloped agricultural land as a base for VAT taxation
title_fullStr Sale of undeveloped agricultural land as a base for VAT taxation
title_full_unstemmed Sale of undeveloped agricultural land as a base for VAT taxation
title_short Sale of undeveloped agricultural land as a base for VAT taxation
title_sort sale of undeveloped agricultural land as a base for vat taxation
topic VAT
supply of undeveloped agricultural land
economic activity
active taxpayer
url http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.9855
work_keys_str_mv AT małgorzatawroblewska saleofundevelopedagriculturallandasabaseforvattaxation