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Sale and lease back, no TOGC

The movable property had not been physically moved in the context of the transfer and the business activities of BV D had not changed. It followed that BV D had fully continued its economic activity/enterprise and had therefore not (partially) transferred it, so that there could therefore be no question of a transfer of (part of an) company to X within the meaning of Section 37d of the VAT Act.

Source: futd.nl

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