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Dutch Court Denies VAT Deduction Claim Due to Lack of Economic Activity

  • Rechtbank Noord-Holland ruled on a case involving VAT tax deduction claims
  • The claimant sought to deduct input VAT but failed to prove he conducted economic activities
  • According to Dutch law, only entrepreneurs can claim input VAT deductions
  • The claimant needed to provide proper invoices and prove his entrepreneurship since no turnover was declared since 2008
  • Entrepreneurship is defined as independently operating a business which involves economic activities
  • Economic activities include actions of manufacturers, traders, service providers, and professionals
  • These activities must involve taxable transactions that result in performance under consideration
  • Services must be exchanged for a payment that directly corresponds to the service provided
  • The claimant did not receive or invoice any payments for his activities from 2008 to 2020
  • He mentioned targeting a specific audience but had no actual customers to bill
  • The court found no legal relationship involving exchange of services for payment
  • The claimant’s mention of receiving money through websites was deemed insufficient proof of providing individualizable services
  • The court concluded there was no basis for VAT deduction and dismissed the appeal as unfounded

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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