• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Ruling of the Supreme Court Judicial Division for Economic Disputes of 31 January 2017 № 309-КГ16-13100

Legal issue: Whether the transfer of property under accord and satisfaction agreement terminating the сontract of loan would be subject to VAT taxation?

Ratio decidendi: Lower courts were wrong in deciding that such transfer of property would be exempt from VAT similarly to the  repayment of money under loan. Transfer of property by virtue of accord and satisfaction agreement for the purpose of  cancelling obligations under loan contract is in legal terms the sale of a property, in which case the transferring party must pay output VAT from such sale, whereas the receiving one may offset input VAT.

Text

 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.