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Assignment of investment projects / development agreements
An assignment may give rise to tax uncertainties for the assignor, the assignee, and third parties involved in the investment process that is the subject of the assignment. Ensuring a correct tax settlement requires an individual analysis of factual circumstances and identification of relevant tax consequences, which depend on the stage of advancement of the investment process at the time the agreement on the assignment of rights and obligations is concluded.
Our offer:
Paczuski Taudul assists assignors, assignees and developers in analysing the tax issues. Our services include, in particular:
- for the assignor: analysing (i) the right to deduct VAT or to retain the right to VAT already deducted on invoices documenting advance payments made to date for the supply of goods or investment works - insofar as such invoices were issued to the assignor prior to the date of the assignment (including for development projects where deposits were paid into housing escrow accounts and no advance VAT invoices were received from the developer prior to the assignment: the method of calculating the VAT taxable base for the assignment of rights and obligations); (ii) the moment when the VAT liability arises - in particular, whether the payment schedules agreed with the assignee correspond to the moments when VAT on the assignment transaction should be settled; (iii) the method of settling with the assignee any expenses relating to the subject of the assignment incurred prior to the transaction and not directly linked to the investment process;
- for the assignee: analysing uncertainties concerning VAT invoicing of payments made by the assignee, in particular, whether such invoices should be issued by the assignor or by third parties involved in the investment process, and whether the agreement triggers an obligation to apply civil law transaction tax (PCC);
- for the entity performing the investment process on behalf of the assignor and subsequently the assignee: analysing the consequences resulting from a change of the purchaser of goods/services, with particular attention to issues related to documentation of advance payments and final remuneration through VAT invoices.