The Court of Justice of the European Union (CJEU) delivered its judgment in Skatteministeriet v Lomoco Development ApS, Holm Invest Aalborg A/S, I/S Nordre Strandvej Sæby, Strandkanten Sæby ApS (“NSS”) C-594/23 on 7 November 2024. This case dealt with the interpretation of Article 12(1)(a) and (b) and Article 135(1)(j) and (k) of the VAT Directive, which outline the VAT treatment of supplies of buildings and supplies of building land. The Danish Ministry of Taxation assessed NSS for VAT on the supply of land that had foundations for residential housing structures in place at the time of sale. NSS acquired property in 2006 that had previously been used as a camping site. In 2008 it subdivided the property into several plots, and in 2009 it installed connections for electricity, water, heating and sewerage on some of the plots. Foundation works were then carried out and completed in late 2010. NSS sold 16 plots to a Danish company in 2015, which onward sold the plots to private individuals. Before 31 December 2010 Denmark applied an exemption from VAT in respect of all supplies of immovable property and supplies of buildings (where the construction had begun on that date). As the foundations built on the land at issue were laid in 2010, NSS claims that the supply of that land is exempt from VAT.