CELEX: 62014CA0016
Language: en
Date: 2015-04-23 00:00:00
Title: Case C-16/14: Judgment of the Court (Third Chamber) of 23 April 2015 (request for a preliminary ruling from the Hof van beroep te Gent — Belgium) — Property Development Company NV v Belgische Staat (Reference for a preliminary ruling — Taxation — Sixth VAT Directive — Article 11A — Application of goods treated as a supply for consideration — Application of a building for an activity exempt from VAT — Taxable amount for that application — Interim interest paid during the construction of the building)

22.6.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/8
            
         Judgment of the Court (Third Chamber) of 23 April 2015 (request for a preliminary ruling from the Hof van beroep te Gent — Belgium) — Property Development Company NV v Belgische Staat
   (Case C-16/14) (1)
   
   ((Reference for a preliminary ruling - Taxation - Sixth VAT Directive - Article 11A - Application of goods treated as a supply for consideration - Application of a building for an activity exempt from VAT - Taxable amount for that application - Interim interest paid during the construction of the building))
   (2015/C 205/10)
   Language of the case: Dutch
   
      Referring court
   
   Hof van beroep te Gent
   
      Parties to the main proceedings
   
   
      Applicant: Property Development Company NV
   
      Defendant: Belgische Staat
   
      Operative part of the judgment
   
   Article 11A(1)(b) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax must be interpreted as meaning that, in a case such as that at issue in the main proceedings, the taxable amount for the calculation of VAT on an application, within the meaning of Article 5(7)(b) thereof, of a building that the taxable person has constructed, is to be the purchase price, at the time the application is made, of buildings whose location, size and other essential characteristics are similar to those of the building in question. In that regard, it is irrelevant whether part of the purchase price is due to interest on borrowed capital.
   
      (1)  OJ C 102, 7.4.2014.