Question 17425 — value added tax

Summary

Mr. Éric Pauget draws the attention of the Minister of Action and Public Accounts to the possibility for bare owners to transfer to the usufructuary the VAT charged on their acquisition. The instruction published in BOI-TVA-IMM-10-30 No. 190 and 200 specifies that when bare ownership constitutes a fixed asset for its owner as well as usufruct for its beneficiary, the bare owner can transfer the right to deduction of which it is deprived for the benefit of the usufructuary, since the latter uses the property for operations giving right to deduction. Taken literally, the above-mentioned doctrine seems to only authorize the transfer of the right to deduction if the bare owner has himself carried out the dismemberment, transferred the usufruct to a third party and retained bare ownership. However, it seems logical to ensure an identical VAT transfer regime when the dismemberment of property is carried out by the developer who sells the building. Therefore, he asks him to confirm that the bare owner can transfer to the usufructuary the VAT having burdened the acquisition of the bare ownership even in the hypothesis where the dismemberment of ownership is carried out from the outset by the construction-sale company which constructed the building.

Machine translation from French. The official text remains authoritative.

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