Post by account_disabled on Dec 24, 2023 0:22:57 GMT -6
Amaking this concept independent of the procedurallaw aspects of the time and mode of transfer of ownership in the legal systems of the individual Member States. In order to identify the person subject to VAT and the point in time at which liability arises we may disregard the formal transfer of ownership and focus instead on the actual transfer of the right to dispose of an asset. . In my view this is possible only on condition that at some point the legal situation is reconciled with the factual circumstances.
By means of a formal transfer of the right of ownership or of another right Country Email List conferring similar entitlements or by concluding that the transfer of this right has arisen on the basis of the factual circumstances. . Only in the case of goods which are naturally and necessarily subject to consumption can the situation be different. In this situation the right of use means the possibility of the tangible property becoming consumed the right thus becoming similar to ownership in a manner which justifies the right of use being regarded as constituting a supply of goods for VAT purposes.
On the other hand in the case of tangible property which cannot be consumed and which its user for example a lessee is as a rule obliged to return to the owner following the expiry of the term of use dispose of tangible property as owner. The release of tangible property to the lessee may be regarded as constituting a supply of goods only when there is a certainty that in the normal course of events the right of ownership of the asset will be transferred to him following the expiry of the agreed lease term. In this situation the lessee finds himself in a position similar.
By means of a formal transfer of the right of ownership or of another right Country Email List conferring similar entitlements or by concluding that the transfer of this right has arisen on the basis of the factual circumstances. . Only in the case of goods which are naturally and necessarily subject to consumption can the situation be different. In this situation the right of use means the possibility of the tangible property becoming consumed the right thus becoming similar to ownership in a manner which justifies the right of use being regarded as constituting a supply of goods for VAT purposes.
On the other hand in the case of tangible property which cannot be consumed and which its user for example a lessee is as a rule obliged to return to the owner following the expiry of the term of use dispose of tangible property as owner. The release of tangible property to the lessee may be regarded as constituting a supply of goods only when there is a certainty that in the normal course of events the right of ownership of the asset will be transferred to him following the expiry of the agreed lease term. In this situation the lessee finds himself in a position similar.