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nicht optiert

English translation: has not opted

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16:45 Nov 1, 2007
German to English translations [PRO]
Law/Patents - Law: Taxation & Customs
German term or phrase: nicht optiert
Das Mietobjekt ist zum heutigen Zeitpunkt nicht optiert.

Could one possibly say: "The lease property is currently not subject to VAT."

??
translators
Local time: 06:14
English translation:has not opted
Explanation:
VAT appears correct; the option in taxation is to be subject to it, meaning you can be reimbursed for the VAT included in the bills of your suppliers/construction crews - or you don't choose this option and cannot be reimbursed for the Vorsteuer/tax portion of the bills (see links).

I suggest "As of this date, the lease property has not opted to be subject to VAT."
Selected response from:

doctor_suz
United States
Local time: 05:14
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5not opted-outRod Darby
4 +1has not opted
doctor_suz


  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
has not opted


Explanation:
VAT appears correct; the option in taxation is to be subject to it, meaning you can be reimbursed for the VAT included in the bills of your suppliers/construction crews - or you don't choose this option and cannot be reimbursed for the Vorsteuer/tax portion of the bills (see links).

I suggest "As of this date, the lease property has not opted to be subject to VAT."


    Reference: http://www.ra-cunningham.de/rechtsanwalt-mietrecht-nuernberg...
    Reference: http://en.wikipedia.org/wiki/VAT
doctor_suz
United States
Local time: 05:14
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Beatriz Galiano
2 days18 hrs
  -> Thanks Beatriz; while I don't feel like arguing with someone who should know more about the issue than me, I certainly appreciate your support.
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1 day19 hrs   confidence: Answerer confidence 5/5
not opted-out


Explanation:
the German is very sloppily constructed, but your translation is probably the best one could do in the circumstances.
Just a word of explanation (doctor_suz is a little off-target, as it's not the property but the lessor who can opt...): property rental is per se VAT-exempt in German VAT law (§ 4 Nr. 12 UStG). There is an option in § 9 (1) UStG for the lessor to treat the turnover as subject to VAT if, and only if, the lessee is an enterprise and is using / will use the property for his/her/its enterprise, and furthermore (§ 9 (2) UStG) only if the lessee uses / proposes to use the property to generate turnover which in itself does not exclude claiming input VAT. This provision effectively prevents banks, insurance companies and doctors (among others) from getting their lessor to opt out of the VAT exemption on premises they rent.
Once more to make the situation quite clear: VAT-exempt is the basic legal siutation - VAT-subject is the option (so we are talking about opting OUT of the exemption) and can only be done on very strict conditions.
HTH
Rod

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Note added at 1 day19 hrs (2007-11-03 12:11:20 GMT)
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OK, ok, I can't spell "situation"...

Rod Darby
Ghana
Local time: 10:14
Specializes in field
Native speaker of: English
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