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13 - Real Property

Published online by Cambridge University Press:  05 February 2015

Alan Schenk
Affiliation:
Wayne State University School of Law
Victor Thuronyi
Affiliation:
Duke University School of Law
Wei Cui
Affiliation:
University of British Columbia, Vancouver
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Summary

Introduction

One of the most complicated problems in designing a VAT base involves the taxation of real (immovable) property. Although in a sense real property is no different from many goods, in practical terms its extremely long life presents a number of difficulties.

If an economically idealized VAT base were envisaged, it would consist of personal consumption. Most goods and services are consumed shortly after purchase. For these, there is not much difference between this ideal “economic” tax base and the “legal” tax base as defined in VAT laws, namely, the value of goods and services supplied to final consumers. For real property, however, personal consumption takes place over many years (the same is true for other consumer durables). One way of reconciling the legal tax base with the economic ideal is to reason that taxation at the time of first sale of residential real estate is a form of up-front taxation of the consumption value – that is, the legal tax base corresponds to the economic tax base in present value terms. However, the equivalence ceases to hold if the price of the property changes after its initial acquisition. One of the questions that has concerned VAT policy analysts is whether this suggests that there is something wrong with how residential real property is taxed, if tax is imposed only at the time of acquisition. As will be discussed further, it turns out that the answer is not as obvious as some might think.

Type
Chapter
Information
Value Added Tax
A Comparative Approach
, pp. 408 - 440
Publisher: Cambridge University Press
Print publication year: 2015

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References

Botes, M., “VAT Implications of Buying Residential Property in South Africa,” 14 VAT Monitor 450 (Nov./Dec. 2003)Google Scholar
Amand, C., Schellmann, G., and Vermeulen, Rob, “Immovable Property and VAT – Lessons from Past Experience,” 16 International VAT Monitor 325 (Sept./Oct. 2005)Google Scholar
Value Added Taxation in Developing Countries95–103 (Gillis, M., Shoup, C., & Sicat, G., eds., World Bank 1990)
Cui, W., “Objections to Taxing Resale of Residential Property under a VAT,” 137 Tax Notes777 (2012)Google Scholar

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