TRANSFERS OF DEBTS (CESSION), FACTORING OR EXACTION OF DUES? A FEW COMMENTS ON THE TAXATION REGULATIONS APPLYING TO THE TURNOVER OF DEBTS IN THE LIGHT OF THE PROVISIONS OF THE 11 MARCH, 2004 ON THE VAT
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The aim of the article is to try to carry out a dogmatic analysis of legal and taxation effects of contracts concluded by the participants of the economic turnover of debts in order to determine which of them are subject to VAT and examine the tax level resulting from the conclusion of a contract which is liable for taxation. The work has a signaling character and is based on a dogmatic method. The research material includes regulations of the tax law, legal doctrine, and decisions of administration bodies and administrative courts. The author first of all refers to the directives of the linguistic interpretation and supplements its results with conclusions drawn from the use of individual types of non-linguistic interpretation like the historic one, the systemic one, and last but not least the task-related one. The author worded a thesis, according to which a sale of one's own debt is not subject to VAT, a purchase of somebody's debt in order to sell it is subject to this tax; at the same time it is exempt from taxation which means that the tax obligation resulting from the activity is not going to transform into tax, or in other words, it will not create an obligation to pay tax. If the range of services provided by the debt buyer exceeds the limits of a cession, includes other services like financing an entrepreneur by giving them a loan and making advance payments, or book-keeping of the debt, then it is treated as factoring. On the other hand, a purchase of a debt with the aim to collect it from the debtor is a service of collecting debts. Both services are not exempt from tax and are subject to VAT (22%), and in such a case a commission or another form of remuneration becomes a taxation base.
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