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VAT Refund Dispute: Renting a Workroom in a Home as Economic Activity – Court Ruling

  • Tax advisor X and his wife Y formed a silent partnership
  • In 2018, they obtained a house with VAT charged on construction costs
  • They rented a room in the house to BV A for use as an office
  • X claimed VAT refund for part of the construction costs and rent
  • Inspector denied refund, stating it was not an independent office
  • X appealed, arguing that renting the room was an economic activity
  • Court ruled in favor of X, based on previous judgments
  • Inspector appealed again, citing a different case
  • Amsterdam Court upheld the initial ruling, stating the rental was an economic activity
  • X and Y jointly provided the room to BV A and acted independently

Source: futd.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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