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Supreme Court NL: Advocate General’s Advice on VAT Deduction for Nickel Purchase

  • German company bought nickel in the Netherlands to sell later
  • Question is if company’s activities with nickel are economic activity under VAT Directive
  • Court of Appeal said yes, company can deduct VAT paid on nickel purchase
  • Prosecutor appeals to Supreme Court, saying Court of Appeal decision is wrong
  • Company specializes in data and communication systems, bought nickel as financial buffer
  • Company claimed VAT deduction, Inspector rejected, Court of Appeal approved
  • Prosecutor argues Court of Appeal decision conflicts with European Court of Justice and Supreme Court jurisprudence
  • Prosecutor says company’s nickel activities are passive investment, not economic activity
  • Prosecutor wants Supreme Court to overturn Court of Appeal decision and deny VAT deduction for company

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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