In the fall of last year, the government withdrew its project to subject immovable lease to VAT on option due to budget constraints.
Apparently, things have changed as, after the budget control of March 2018, the press release issued at that occasion announces that the measure will be taken with effect as from 1 October 2018.
Not so many details are available at this stage, but it seems that that the intention of the government is to make the option possible only:
- for newly constructed or deeply renovated buildings;
- if both the landlord and tenant agree to do so;
- if the tenant is a VAT taxpayer including VAT exempt tenants such as insurance companies, financial institutions, etc.
Our Tax practice will keep you informed of the development as soon as rumours have changed into text.
Our fear is that such a limited scope of application creates a double real estate market detrimental to the readability of the sector of activity. Indeed, depending on the option is exercised or not (or can be exercised), the building investment cost will differ by 21%, which, in turn, will be reflected in the resale price in the future.