AJFP Caraş-Severin and DGRFP Timişoara (Judgment) French Text [2020] EUECJ C-716/18 (09 July 2020)

AJFP Caraş-Severin and DGRFP Timişoara (Judgment) French Text [2020] EUECJ C-716/18 (09 July 2020)

For a taxable person whose economic activity consists of several liberal professions and the rental of immovable property, such rental does not constitute an 'accessory transaction' under Article 288(1)(4) of Directive 2006/112/EC if it is carried out as part of the person's usual professional activity.

Source-derived case information.

Citation
[2020] EUECJ C-716/18
Parties
Applicant: CT; Respondent: Administraţia Judeţeană a Finanţelor Publice Caraş-Severin – Serviciul Inspecţie Persoane Fizice; Respondent: Direcţia Generală Regională a Finanţelor Publice Timişoara – Serviciul Soluţionare Contestaţii 1
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Reference From Curtea De Apel Timişoara
Outcome
Reference answered; Article 288(1)(4) of Directive 2006/112/EC interpreted.
Legal Topics
Value Added Tax (vat), Small Business Exemption, Accessory Transactions, Directive 2006/112/ec Interpretation
European Union Law Tax Law Value Added Tax (vat) Small Business Exemption Accessory Transactions Directive 2006/112/ec Interpretation

Source-derived case record

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Parties

CT

Applicant

Administraţia Judeţeană a Finanţelor Publice Caraş-Severin – Serviciul Inspecţie Persoane Fizice

Respondent

Direcţia Generală Regională a Finanţelor Publice Timişoara – Serviciul Soluţionare Contestaţii 1

Respondent

Procedural Posture

Preliminary Reference / Judgment on Reference From Curtea De Apel Timişoara

  1. 1 Whether the rental of immovable property by a natural person exercising several liberal professions constitutes an 'accessory transaction' under Article 288(1)(4) of Directive 2006/112/EC for the purposes of the small business VAT exemption.

Ratio Decidendi

For a taxable person whose economic activity consists of several liberal professions and the rental of immovable property, such rental does not constitute an 'accessory transaction' under Article 288(1)(4) of Directive 2006/112/EC if it is carried out as part of the person's usual professional activity.

Court Disposition

Reference answered; Article 288(1)(4) of Directive 2006/112/EC interpreted.

Orders

  • Article 288(1)(4) of Directive 2006/112/EC must be interpreted as meaning that, for a taxable person whose economic activity consists of several liberal professions and the rental of immovable property, such rental does not constitute an 'accessory transaction' when carried out as part of the person's usual...