Taxation Of Joint Development Agreements

/Taxation Of Joint Development Agreements

Taxation Of Joint Development Agreements

Generally speaking, there may be several phases or events resulting from a joint development agreement between the land owner and the developer. To determine the actual date of transfer of the country by the landowner, all these phases/events must be analyzed collectively and, after assessing the overall impact of it, we can determine the actual date of transmission. These phases/events can be considered as the date of conclusion of the JDA, the date of execution of the power of attorney that authorizes the developer to obtain different permissions/permissions, etc. request the handover of ownership of the land to the developer for various purposes, the receipt of a partial/complete sale underperformance by the developer, the date of execution of the power of attorney in favor of the developer who authorizes him to sell the developed units to customers at his discretion; and the delivery of developed units to customers, etc. There may be other phases/events to close the transaction. However, an isolated event can trigger the transmission process, but not necessarily complete it. The analysis of the interaction and impact of all these phases / events makes it possible to determine whether the transfer took place for the most part and to determine together. For example, ownership may be given for different purposes, i.e. it belongs to a contractor or tenant, but such an event cannot be considered a „transfer” of land. Ownership of land may be transferred as a licensee only for the purpose of developing immovable property on land. Again, it must not result in „transmission”. Therefore, if ownership is transferred to the developer, along with other legal rights, which give rise to a right of the developer to the full use and use of the property, as well as to the continuation of its sale in operated units, this may lead to a „transfer”, provided that other conditions also suggest.

The handing over of ownership must therefore necessarily be linked to the intention to transfer to the developer the rights of ownership and enjoyment of the immovable property.. . .

By |2021-10-10T11:22:31+00:00październik 10th, 2021|Bez kategorii|0 Comments

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