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the Netherlands

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Deductibility of transformation costs for national monuments to housing

  • A fiscal unity consists of three companies involved in the development of an estate
  • Seven national monuments are being transformed into homes
  • One of the companies provides both VAT-exempt built-up plots and apartment rights, as well as VAT-taxable undeveloped building plots and apartment rights
  • The company deducts VAT on costs directly related to taxable supplies
  • VAT on costs not directly attributable to taxable or exempt supplies is deducted pro rata based on the destination of the real estate at the time the VAT is charged
  • The company determines the pro rata of VAT on costs based on the budget with future taxable and exempt supplies
  • The inspector believes that the company should base the pro rata on the ultimately realized supplies and denies VAT refund
  • The court rules that the company has correctly determined the VAT deduction on transformation costs
  • VAT refund must be granted.

Source: fiscount.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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