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New VAT refund rules on construction materials

A new programme to help young people acquire their own first an apartment that will enter into force with the Act of 27 September 2013 on State aid in acquisition first housing by young people will also introduce new return rules commonly called VAT on construction materials.

A new programme to help young people acquire their own first an apartment that will enter into force with the Act of 27 September 2013 on State aid in acquisition first housing by young people will also introduce new return rules commonly called VAT on construction materials.

A new programme to help young people acquire their own first an apartment that will enter into force with the Act of 27 September 2013 on State aid in acquisition first housing by young people will also introduce new return rules commonly called VAT on construction materials. This law will enter into force on the day 23 November 2013 and will cover expenditure incurred from 1 January 2014.

Natural persons who after a day 1 January 2014 expenditure on construction materials will have the right to apply for reimbursement of parts of it. So far, there has been a much broader catalogue of activities that were eligible for reimbursement.

At present, it will be possible to apply for reimbursement only if expenditure is incurred to meet the own housing needs associated with the construction of a single-family house, or the superstructure or extension of a building for residential purposes or the adaptation of a non-residential building (its part or non-residential premises) to residential purposes.

It is worth noting that this catalogue has been significantly narrowed, as by the Act of 29 August 2005 on the reimbursement of certain expenses related to housing to natural persons was allowed to incur expenditure on building materials also in connection with the renovation of the premises or residential building.

The legislator also limited the area of the building from which the construction or reconstruction can be requested to reimburse part of the expenditure. From the top 2014 These limits will be 75m2 for housing and 100m2 for single-family housing, respectively, but for families raising at least three children (small children receiving a social benefit or nursing allowance, or until completion) twenty fifth of the age, provided that further education continues these limits are higher by 10m2. It is important that a natural person until the end of the year in which the permit to build a dwelling or a single-family house is granted cannot complete 36 the years and until the date of application for reimbursement of the expenditure incurred were not:

  • • the owner of a residential building or dwelling,
  • • a person entitled to a cooperative property right to the premises,
  • • the owner or co-owner of the building, if, in the abolition of co-ownership, he involved at least one housing.

The refund shall be made on request by the natural person or jointly by the spouses at the competent tax office, which shall be made up once, no later than 31 December the year in which the legal entry into service of the built dwelling or single-family house took place.

The reimbursement shall be made on the basis of a decision determining the amount of the expenditure, except that, in the absence of doubt as to the correctness of the application submitted, such decision need not be taken. The time limit for reimbursement varies according to the procedure under which the tax authority operates.

Where a decision is to be taken, the reimbursement shall be made within a time limit 25 days from the date of notification of the decision and, in other cases, the amount of the refund shall be paid within the time limit 4 months after the date of application.

The amount of refund received depends on the VAT rate in force and on the rate currently in force. 23% is 65.22% VAT amounts from invoices. This amount may not be higher than 12.295% the amount representing the product of 70m2 of the usable area and the price of 1m2 of the usable area of the dwelling recently announced by the Central Statistical Office before the quarter in which the request for reimbursement is made.

The new provisions introduced with the so-called Youth Housing Act differ significantly from those in force until the end of the year. 2013 the legal status. First of all, the reimbursement shall no longer cover expenses incurred in connection with the renovation of the building or residential premises.

The size of the dwellings has been reduced in terms of area as well as the age limit for the applicant. The most important element is that this reimbursement only applies to persons who, by the date of the application, did not hold a title to their own premises or residential buildings.

A significant reduction in the possibility of reimbursement is certainly a negative change for taxpayers. On the other hand, However, it is important for the parties that the new project aims to help young people not only to acquire new housing but also to reduce the cost of building it.

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