- A partnership (vof) deals in new gold jewelry and also buys jewelry that yields scrap gold.
- Scrap gold is partially melted into bars and exported to Dubai, sold, or refined and returned to the partnership.
- An audit revealed that the partnership concealed revenue from new jewelry sales.
- The partnership claimed that unsellable new jewelry was melted down and sent to Dubai as scrap gold.
- The Gelderland court found this explanation unconvincing.
- The Arnhem-Leeuwarden court confirmed that the required tax returns were not filed, leading to a reversal and intensification of the burden of proof.
- The partnership could not support its claims with verifiable records or objective data.
- The partnership’s records did not match the detailed records of a frequent business partner.
- The partnership incorrectly applied the zero rate and reverse charge mechanism.
- The court found the tax inspector’s estimated corrections reasonable, except for the 2012 tax assessment, which was invalid due to a procedural error (the partnership was not given a chance to respond to the proposed assessment).
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.
