- The Court of Arnhem-Leeuwarden has ruled that customers must subscribe to X’s telecommunications services, which includes mobile data bundles.
- X allows customers to donate unused MBs to charity and receive a lottery ticket in return. X claims that charging subscription fees for data bundles is untaxed prepayment because the MBs can also be used for donations, but the inspector disagrees.
- The court states that the main achievement of X is the subscription service, and the opportunity to donate MBs shares the same tax fate. The donation of MBs must be voluntary and not change the legal relationship with X, and VAT is owed on the full subscription fees received.
Source Taxlive
