– judgment of the Voivodship Administrative Court in Białystok of 29 March 2022 - case file no.: I SA/Bk 38/22
According to the cited judicature, the sale of several plots of land does not give grounds to consider the transaction as fulfilling the prerequisites of taxable activity within the meaning of Article 15(2) of the VAT Act. However, the assessment should not be limited to the specific contract, but should include a comprehensive analysis of the elements of the seller's activity, including their actions at its various stages. The taxation of the transaction may be supported, inter alia, by such premises as capital expenditures going beyond the standard activities of the asset management.
The cited judgment meets the expectations of persons intending to sell inherited assets, possibly in possession of real estate that was not a business asset.