
In the judgment of the Supreme Administrative Court of 11 November 2022 (reference number III FSK 257/22), the dispute regarding taxation of acoustic screens was decided with real estate tax. Tax authorities decided that they constitute “other technical devices” and as such are subject to taxation, although they were not clearly indicated in Article 3 point 3 of the Construction Law or in its attachment. However, the Supreme Administrative Court adopted a different position, considering that these screens do not fit into the catalogue of construction equipment specified in Article 3 point 9 of the Construction Law. In addition, the court stated that they could not be considered as devices used to the building within the meaning of Article 3 point 3 of this Act. Consequently, the question arises whether the criteria adopted by the court are sufficient to clearly state that acoustic screens do not constitute construction equipment, and thus are not taxable pursuant to Article 1a para. 1 point 2 of the Act on local taxes and fees. Can this approach be a universal interpretation in similar matters or does it require each time the specificity of a given object?
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