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Exemption of Supply of Selected Immovable Property from Value Added Tax

Publication at Faculty of Law |
2015

Abstract

The book is focused on the legal regulation on the exemption of the supply of selected immovable property from VAT without deductibility of the VAT paid at the preceding stage. The main aim of the book is to analyze the so called best practice in the field of VAT.

This aim shall be reached by the analysis of the relevant Czech and European Union legislation governing the VAT. The book was created with the use of analysis, synthesis, comparative tax law and description as the methods of scientific work.

The definition of the purpose of the supply of a building or of a land on which a building stands pursuant to the directive on VAT could be found as the first result of the research. The VAT legislation of the EU Member States shall be interpreted with the use of this definition and the systematic interpretative method.

The second result of this research is the interpretation of the Czech legal terms in accordance to the EU legislation. It is necessary to admit that the Czech legal terms in the Act on VAT originate from the Czech private law legislation but their particular meaning in the Act on VAT differs.

The third result of this scientific research is an assessment whether the relevant provisions of the Czech Act on VAT are in concordance with the EU legislation. The author concluded that such requirement is not fulfilled and that the terminology used in the Czech Act on VAT does not conform to the terminology used in the EU directive on VAT.