A buyer who has the status of a legal person – VAT-registered person – can together with the seller submit a statement under Article 45 of the Value Added Tax Act by the end of the following month after the full purchase money for an individual unit has been paid and the unit has been handed over, using the eDavki online system. As this is a business real property intended for daily rental, it is listed in company account books as an investment property.
Commercial real property lease
In accordance with the explanatory note from the Financial Administration of the Republic of Slovenia, no. 4212-3657/2017-6 from 9 March 2018, buyers who are liable for VAT can lease out the real property with VAT from the start. They can claim a VAT deduction.
If such a person is identified as a taxpayer under Article 25 of the Value Added Tax Act, the person must register for receiving services:
- If the services are received from a taxpayer with the registered head office, residence or permanent business unit in another EU member state, the 22% VAT amount is entered into field no. 23a, the tax base into field no. 32a, and the liability for VAT into field no. 51.
- If the services are received from a taxpayer with the registered head office, residence or permanent business unit in a third country, the VAT amount is entered into field no. 25, the tax base into field no. 31, and the liability for VAT into field no. 51.
In this case, the so-called minor taxpayer calculates VAT only for services received, while remaining exempt from VAT as a minor taxpayer for other deliveries, but is not entitled to a VAT deduction. VAT is calculated for the above services received at the general rate of 22%.
The visual presentation is informative only, and is intended to better present the building under construction.