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Practical Handbook VAT 2022

Technical exemptions

The following transactions are exempt

  • Supplies of goods which have been used by the transferor in carrying out exempt transactions, provided that the taxable person has not been given the right to deduct all or part of the input tax paid on the acquisition of those goods or their component parts.

    This exemption shall not apply:

  1. To supplies of capital goods during their regularisation period.

    Example:

    A company operating type B amusement machines sells several vans which it acquired more than 5 years ago and which it uses for the transport of these machines.

    The operation of type B gaming machines is an exempt operation.The vans are used for exempt transactions and therefore the company could not deduct the input VAT for their acquisition at the time.In this case the delivery will be exempt, as the van (investment good) is delivered after the deduction adjustment period has elapsed.

  2. To supplies of immovable property exempt from tax on the grounds that they are not buildable land, and to second or subsequent supplies of buildings.

    Example:

    A doctor sells the premises where he had his practice, acquired 11 years ago, to an entrepreneur who is entitled to a full tax deduction.The acquirer requests the physician to waive the exemption and the physician agrees.

    The waiver of the exemption is correct, as the applicable exemption is the exemption for real estate transactions (which can be waived) and not the technical exemption.

  • Supplies of goods the acquisition of which would have led to the total exclusion of the right to deduct the input VAT .