"NEWS May 13, 2016-VAT in ousting facilitated by real estate"

Posted by on May 13, 2016

The ouster facilitated estates of the sole proprietorship generally configure a task relevant to the effects of VAT, as it treated as a supply of goods within the meaning of article 2, second paragraph, n. 5, P.r.decree 633/1972, except for goods for which the entrepreneur has made the deduction of VAT at the time of purchase.

In particular, in the case where the property was purchased by a private individual, or before 1 January 1973, the contractor carries out only exempt transactions, which are not eligible to deduct tax, the eviction is not relevant for the purposes of VAT (outside the scope of the set).

Due to the substantial equivalence between the sale of the property and his ouster from the company's assets, the Taxability of the operation must be determined according to the rules laid down in article 10, first paragraph, n. 8-a and n. 8-ter, P.r.decree 633/1972, depending on whether they are living or estate property. In particular, with regard to the sale of a building to a private instrumental, it is recalled that, in accordance with the provisions of law 83/2012, it falls out of the hypothesis of Vat liability mandatory, because this regime is only intended for the construction company, or for the company that has made the restoration work, in respect of the supply of buildings made within five years from completion. Also, keep in mind that if the operation takes place during the Decade of fiscal protection and involves a change of destination, it is necessary to make the adjustment of the deduction provided for in article 19-bis2 del P.r.decree 633/1972.  Therefore, if, say for example, in the year 2009, the company purchased an instrumental building and eventual ouster, should rectify the VAT deducted at the rate of four tenths (IE for years before the expiry of the period of observation for 10 years after the purchase of the asset tax). So if the tax deducted at the time of purchase was of an amount of 100,000 euros, the adjustment to be made is 40,000 euro (data from 100,000 x 4/10). The sum so determined must be paid back within the specimen annual declaration from Vat deduction of VAT reduced admitted 2017 to 2016.

As for the value to be attributed to the property it is recalled that, under article 24 of law July 7, 2009 # 88, no longer detects the normal value, but the cost price of the asset determined at the time you make the ouster. In essence, to determine the taxable amount for Vat the assignment you should refer to the purchase price of the manufactured article exclusion of the moment discounted at asset (13, second paragraph. c) of P.r.decree 633/1972). As detected by Assonime, with circular No. 42/2009, the term referred to in article 13 cited "could give rise to some uncertainty because, on the one hand, it refers to a matter already determined (the purchase price), on the other hand seems to predict a discounting the given (to be determined by reference to the time when you do the operation)". The purpose of the provision, according to Assonime, would be to "enable the revenue recovery duty charged at earlier stages and regularly deducted by the taxpayer".

For which, for the purposes of determining the taxable amount, the purchase price "should also include expenses related to purchases of goods and servi[…]ces incurred, taking into account what has been already consumed at the time of the transaction."


by Sandro Cerato