Case C-707/18: Request for a preliminary ruling from the Tribunalul Timiș (Romania) lodged on 13 November 2018 — Amărăști Land Investment SRL v Direcţia Generală ă a Finanțelor Publice Timișoara, Administraţia Judeţeană a Finanţelor Publice Timiş
Date: 2018-11-13
Institutions: Court of Justice
Subjects: VAT, acquisition of property, land register, property tax, real property, tax exemption, tax relief, taxpayer, transfer of property








C_2019054EN.01000502.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/5






Request for a preliminary ruling from the Tribunalul Timiș (Romania) lodged on 13 November 2018 — Amărăști Land Investment SRL v Direcţia Generală ă a Finanțelor Publice Timișoara, Administraţia Judeţeană a Finanţelor Publice Timiş
(Case C-707/18)
(2019/C 54/08)
Language of the case: Romanian

Referring court

Tribunalul Timiș

Parties to the main proceedings


Applicant: Amărăști Land Investment SRL

Defendants: Direcţia Generală ă a Finanțelor Publice Timișoara, Administraţia Judeţeană a Finanţelor Publice Timiş

Questions referred







1.


Is Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax, and in particular Articles 24, 28, 167 and 168(a) thereof, to be interpreted as meaning that, in the context of a transaction for the sale of immovable property which is not included in the national register of immovable property (Land Register) and which is not registered at the time of the supply, the purchaser, who is a taxable person and who assumes a contractual obligation to carry out, at his own expense, the necessary steps for its first registration in the national register of immovable property, carries out a supply of services to the vendor, or instead a purchase of services relating to his investment in immovable property in respect of which he is entitled to deduct VAT?










2.


Is Directive 2006/112, and in particular Articles 167 and 168(a) thereof, to be interpreted as meaning that the costs incurred by a purchaser, who is a taxable person, in connection with the first registration in the register of immovable property of property in respect of which the purchaser has a claim for the future transfer of ownership and which has been supplied to him by a vendor whose ownership of the property is not recorded in the register of immovable property, can be classified as pre-investment operations in respect of which the taxable person is entitled to deduct VAT?










3.


Is Directive 2006/112, and in particular Articles 24, 28, 167 and 168(a) thereof, to be interpreted as meaning that the costs incurred by the purchaser, who is a taxable person, in connection with the first registration in the register of immovable property of property which has been supplied to him and in respect of which the purchaser has a contractual claim for the future transfer of ownership from a vendor whose ownership of the property is not recorded in the register of immovable property, are to be classified as the provision of services to the vendor in a context in which the purchaser and the vendor have agreed that the price of the immovable property does not include the value of the land-registration operations?










4.


For the purposes of Directive 2006/112, must the costs of administrative operations relating to immovable property which has been supplied and in respect of which the purchaser has a claim for the future transfer of ownership from the vendor, including, but not limited to the costs of first registration in the register of immovable property, necessarily be borne by the vendor, or may such costs be borne, pursuant to an agreement between the parties, by the purchaser or by any other of the parties to the transaction, with the result that that person is entitled to deduct the VAT?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).