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The Tax Authority’s Perspective on VAT Exemption for Mediation in Share Transactions

  • The Belastingdienst has published internal policy documents regarding the application of the VAT exemption for intermediation in securities.
  • There is no clear consensus within the Belastingdienst on whether the VAT exemption applies to services related to advising and guiding share transactions.
  • The DTZ Zadelhoff case determined that the VAT exemption applied to the services provided by DTZ Zadelhoff in finding buyers for shares.
  • The Belastingdienst has published memos with conflicting views on whether the VAT exemption applies to services related to advising and guiding share sales.
  • The 2017 memo states that the entire service of advising and guiding share sales is not exempt from VAT, while the 2018 memo states that the exemption does apply.
  • The 2017 memo argues that the services provided are not considered intermediation, but rather assistance to the seller.
  • The main purpose of the advisor’s work is seen as advising and guiding the sale, not facilitating a contract between parties.

Source: fiscaalvanmorgen.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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