Pursuant to the Anti-Crisis Shield, in the period when it is prohibited to operate in retail schemes with a sales area of more than 2,000 m2 (i.e. from March 14, 2020), the mutual obligations of the parties to the lease, tenancy or other similar agreements, under which the commercial space is to be used, expire.
Within three months from the date of lifting the ban, tenants should submit to the landlord an unconditional and binding offer of will to extend the term of the agreement under the existing terms and conditions for the duration of the ban extended by six months. Upon passing of the aforementioned deadlines without result, the expiry of the mutual obligations ceases to apply
Apart from an obvious and direct impact on the income and liquidity of shopping center owners, the above regulations also affect the invoicing of the lease and its taxation. First of all, they affect:
- possibility to correct lease invoices issued for March 2020. (and CIT and VAT corrections)
- possibility to stop invoicing for the duration of the expiry of the mutual obligations
- possibility of deferring the minimum CIT payment
- possibility of retrospective settlement of tax loss.
In case of any doubts as to the method of recognition of relevant corrections, we remain at your disposal.