Nick Cronkshaw and Gary Barnett (Simmons & Simmons) provide your monthly guide to the latest VAT developments that matter.
Rental premises as fixed establishment
In Titanium Ltd v Finanzamt Österreich (Case C-931/19) the CJEU held that premises which are rented out cannot without more amount to a fixed establishment of the person letting those premises. The court reiterated that for a fixed establishment to exist it was necessary for there to be the necessary human and technical resources present. That was not the case with a property which was simply rented out by the owner without further involvement.
Titanium is Jersey company which is engaged in property and asset management. Titanium let a property which it owned in Austria to Austrian businesses. This was Titanium’s only activity in Austria and it appointed an Austrian real estate management company to perform the necessary administrative activities for it. Those services...
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Nick Cronkshaw and Gary Barnett (Simmons & Simmons) provide your monthly guide to the latest VAT developments that matter.
Rental premises as fixed establishment
In Titanium Ltd v Finanzamt Österreich (Case C-931/19) the CJEU held that premises which are rented out cannot without more amount to a fixed establishment of the person letting those premises. The court reiterated that for a fixed establishment to exist it was necessary for there to be the necessary human and technical resources present. That was not the case with a property which was simply rented out by the owner without further involvement.
Titanium is Jersey company which is engaged in property and asset management. Titanium let a property which it owned in Austria to Austrian businesses. This was Titanium’s only activity in Austria and it appointed an Austrian real estate management company to perform the necessary administrative activities for it. Those services...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
