- A project developer and a foundation entered into a purchase guarantee agreement for new-build homes in December 2010.
- The foundation guaranteed to purchase any unsold new-build homes at a set price.
- In September 2013, the project developer sent an advance invoice to the foundation.
- The purchase agreement of November 15, 2013, determined which homes would be delivered to the foundation in 2014.
- The project developer believed that the transitional law regarding the VAT rate increase from 19% to 21% applied.
- The Supreme Court ruled that the transitional law regarding the VAT rate increase did not apply to the purchase guarantee agreement.
- The transitional law only applies to agreements that specifically aim to deliver a home, not agreements that only establish the right to exercise a sales option for one or more homes at a later date.
- The general VAT rate was increased from 19% to 21% on October 1, 2012.
- One of the transitional arrangements related to homes that a project developer would deliver after September 30, 2012, according to an agreement made before April 28, 2012, where the purchase price was paid in installments.
- The old VAT rate of 19% still applied to the installments of that agreement that would expire before October 1, 2013.
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.
