Kształtowanie się linii orzeczniczych w zakresie opodatkowania VAT sprzedaży przez rolników działek pod zabudowę
The Development of the Case Law Regarding VAT Taxation of the Sale by Farmers of the Land for Tower Blocks

Summary/Abstract: The aim of this article is to review the jurisprudence regarding one of the most controversial issue with which the owners of agricultural holding had to dealt with in the last decade, namely the VAT taxation of the sale of the land for tower blocks which previously were intended for the agricultural use. The first part of this paper presents the case law that had developed in the Polish jurisprudence before the judgement of The Court of Justice of the European Union in joined cases C 180/10 and C 181/10. In the second part the attempt has been made to present the impact of the aforementioned judgement on national courts’ rulings. The third part presents changes in the legal definition of economic activity as well as the case law which have developed after the entry into force the new regulation. The paper was prepared within the framework of the research grant awarded by the National Science Centre: A New Model of Taxing Agriculture in Poland (registration number 2013/09/B/HS5/04503, managed by PhD Paweł Smoleń, University Professor of KUL).

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