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Court Decision on Classification of Property for VAT Purposes – Arnhem-Leeuwarden Court – 02-07-2024

  • Parties agreed that the classification of a plot in 2017 is crucial for determining whether the sales of all apartment rights of building [villa1] should be classified as sales of building land
  • Taxpayer relies on the Real Estate VAT Decree to support their argument that the plot was built on
  • The Real Estate VAT Decree defines a building as any structure fixed to the ground, including roads, bridges, and tunnels
  • The Decree also specifies that paved areas with drainage and lighting qualify as buildings, while easily removable paving does not
  • The Decree provides guidance on what constitutes a building for VAT purposes

Source: uitspraken.rechtspraak.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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