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An individual receives commercial premises through a judicial process against a developer in insolvency proceedings. The DGT determines that the transaction is subject to VAT as it constitutes the first supply of a building constructed by a developer.
Question raised: Taxation of said transaction.
The allocation of assets in judicial proceedings is subject to VAT if the assets belong to an entrepreneur or professional. If the premises are subject to the first supply by the developer and have not had a previous use of two years, the transaction is taxed at the general rate of 21%. The taxable base shall be the total amount of the consideration resulting from the judicial allocation.
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