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Maatschap not eligible for SME VAT exemption due to choice of taxable rent – Court ruling

  • Partnership cannot claim exemption from small entrepreneurs scheme (KOR) due to choice for VAT-taxable rental
  • Partnership has entered into a lease agreement for rental of work rooms in own home
  • Partnership and tenant have opted for VAT-taxable rental
  • Dispute revolves around application of KOR and specifically article 11, paragraph 1, letter b, fifth, of the VAT Act
  • Rental of immovable property is generally exempt from VAT, unless landlord and tenant opt for taxable rental
  • Article 25 of the VAT Act provides for reduction of tax if payable VAT is not higher than €1,883

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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