14. VAT. Sale contract, with payment in installments having as subject matter the transfer of ownership of immovable and movable property, which is a fully functional production unit Cover Image
  • Price 5.40 €

14. TVA. Contract de vânzare-cumpărare, cu plata în rate, având ca obiect transferul dreptului de proprietate asupra unor bunuri imobile şi mobile, care constituie o unitate de producţie complet funcţională
14. VAT. Sale contract, with payment in installments having as subject matter the transfer of ownership of immovable and movable property, which is a fully functional production unit

Author(s): Bogdan Georgescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: installment sale contract; transfer of assets vs. delivery of goods; VAT scope under art. 128 Tax Code; anti‑abuse refusal of deduction;

Summary/Abstract: Under the sale contract, payable in installments concluded between two companies, it was agreed to transfer ownership of property (land and buildings representing production and storage premises, offices, pump and power supply stations) and movable assets designed for wood processing, and the transfer of ownership shall be made on the payment date of the last installment. From the tax point of view, the transfer of ownership made under the mentioned contract is not a delivery of goods under art. 128 par. (1) of the tax Code, but a transfer of assets under art. 128 par. (7) of the tax Code, which is not included in the scope of VAT. If the transfer of assets was made subject to VAT, the tax authority Drept administrativ may refuse the right of deduction if it is found that the operation was carried out exclusively for tax purposes.

  • Issue Year: 2014
  • Issue No: 03
  • Page Range: 72-78
  • Page Count: 7
  • Language: Romanian
Toggle Accessibility Mode