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X does not make partage plausible and provides VAT-taxed service

  • VAT-Taxed Service Confirmation: The Arnhem-Leeuwarden Court of Appeal ruled that X provided a VAT-taxed service to Y BV for project development work, despite X’s claims that the services should be VAT-exempt.
  • Disputed Agreements: X argued that verbal agreements made prior to the development work indicated that the transactions were not taxable, and a written agreement drawn up on December 3, 2019, supported their position. However, the court found these claims unconvincing.
  • Insufficient Evidence of Profit Sharing: The court determined that X failed to demonstrate a prior verbal agreement or a clear understanding of profit-sharing arrangements between the parties. Consequently, the subsequent written agreement did not adequately clarify their collaboration or the nature of the activities involved, leading to the conclusion that X’s actions were unfounded.

Source Taxlive

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