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- Title
Clarificarea legislativă a prevederilor art. 291 alin. (3) lit. c) pct. 3 din Codul fiscal, privind condițiile necesare aplicării cotei reduse de T.V.A. de 5% pentru livrarea de locuințe.
- Authors
BABANEACȘA DRĂGHICEANU, Petru Augustin
- Abstract
On a constantly changing real estate market, where buyers have increasingly customized demands, the provisions of art. 291(3) letter c) point 3 of the Fiscal Code, applied to obtain the reduced rate of 5% VAT in case of the delivery of new housing, were unclear because they were interpreted by referring-totally or partially-to the provisions of the Housing Law no. 114/1996 republished, amended and supplemented. The term housing which at the time of delivery can be lived in "as is" found in the content of art. 291(3) letter c) point 3 of the Fiscal Code generated inconsistent interpretations of the Fiscal Bodies, referring either to the VAT rate of 5% or to the 19% rate, a fact which led to numerous inadvertences in the fiscal imposition acts and a discriminatory fiscal treatment. In order to clarify these aspects and to provide the competent bodies with an explicit framework for applying the 5% VAT rate in the case of sale of new housing, on November 17, 2022, Law no. 301/2022 was published in the Official Gazette, and we therefore will analyze its provisions in this article.
- Subjects
REAL estate sales; DISCRIMINATION (Sociology); HOME sales; HOUSING laws; HOUSING
- Publication
Pandectele Române, 2022, Issue 5, p19
- ISSN
1582-4756
- Publication type
Article