Official Journal of the European Union

C 328/15

(Case C-140/17) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Value added tax (VAT) - Directive 2006/112/EC - Articles 167, 168 and 184 - Deduction of input tax - Adjustment - Immovable property acquired as capital goods - Initial allocation to an activity which does not confer entitlement to deduct input tax and subsequently also to an activity subject to VAT - Public body - Taxable-person status at the time of the taxable transaction))

(2018/C 328/18)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: Szef Krajowej Administracji Skarbowej

Defendant: Gmina Ryjewo

Operative part of the judgment

Articles 167, 168 and 184 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and the principle of the neutrality of value added tax must be interpreted as not precluding a body governed by public law from being entitled to a right to adjustment of deductions of value added tax paid on immovable property acquired as capital goods in a situation, such as that at issue in the main proceedings, where, at the time of the acquisition of those goods, first, they could, by their very nature, be used both for taxable activities and for non-taxable activities but were initially used for non-taxable activities, and second, that public body had not expressly stated its intention to use those goods for a taxable activity but had also not excluded the possibility that they might be used for such a purpose, so long as it follows from an assessment of all the factual circumstances, which it is for the referring court to carry out, that the condition laid down by Article 168 of Directive 2006/112, according to which the taxable person must have acted as a taxable person at the time when it made that acquisition, is satisfied.

(<span class="note">1</span>) OJ C 202, 26.6.2017.

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