Post by account_disabled on Dec 24, 2023 6:18:32 GMT
Adefinitions to the differing circumstances of the lessor and lessee may result in the same lease being classified differently by them. . However legal regulations are based on a different logic. The proper legal classification of specific contractual solutions and the ability of the authorities administrative and judicial to examine this classification in a foreseeable manner are more important here than is the economic outcome of the transaction. The legal classification must correspond to an objective assessment of the transaction as a concrete legal event and the assessment should so far as possible be shared by all involved in the legal relations.
In the light of the foregoing I conclude that legal certainty requires Country Email List that lease agreements should be regarded as supplies of goods for the purpose of levying VAT only when it can be assumed with certainty that in the normal course of events at the latest by the end of the agreement term ownership of the subject matter of the leasing agreement will be transferred to the lessee. To my mind the following arguments support this view. Lease agreements and transaction categories in Directive.
Directive contemplates in Article two main categories of taxable transactions a supply of goods and a supply of services as well as intraCommunity acquisition of goods and importation of goods which are however in functional terms special forms of a supply of goods. Article of the Directive defines a supply of goods as the transfer of the right to dispose of tangible property as owner. However no definition is provided for the supply of services. means any transaction which does not constitute a supply of goods. Therefore it would follow in my view that only a transaction which actually corresponds to the definition set out
In the light of the foregoing I conclude that legal certainty requires Country Email List that lease agreements should be regarded as supplies of goods for the purpose of levying VAT only when it can be assumed with certainty that in the normal course of events at the latest by the end of the agreement term ownership of the subject matter of the leasing agreement will be transferred to the lessee. To my mind the following arguments support this view. Lease agreements and transaction categories in Directive.
Directive contemplates in Article two main categories of taxable transactions a supply of goods and a supply of services as well as intraCommunity acquisition of goods and importation of goods which are however in functional terms special forms of a supply of goods. Article of the Directive defines a supply of goods as the transfer of the right to dispose of tangible property as owner. However no definition is provided for the supply of services. means any transaction which does not constitute a supply of goods. Therefore it would follow in my view that only a transaction which actually corresponds to the definition set out