Poland: Municipality installing renewable energy systems and removing asbestos not subject to VAT (CJEU judgment)

Neither subsidies received, nor possible contributions made by inhabitants were taxable

Not subject to VAT

The Court of Justice of the European Union (CJEU) on 30 March 2023 issued judgments (case files C-612/21 and C-616/21) that a municipality that installed renewable energy systems on the immovable property of its inhabitants and implemented programs for the removal of asbestos from properties owned by residents did not act as a taxable person for value added tax (VAT) purposes, but as a public authority.

As a result, neither the subsidies received, nor the possible contributions made by the inhabitants were taxable.

The judgments are in line with the opinion of the CJEU Advocate General dated 10 November 2022. Read TaxNewsFlash

Read an April 2023 report prepared by the KPMG member firm in Poland

 

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.