- No VAT Services to the Bank: Advocate General Ettema concludes that X BV does not provide services to the bank for VAT purposes, as the services rendered are as a (legal) agent for the beneficiaries of the funds and are not provided for consideration.
- Interest Treatment and Exempt Turnover: The Amsterdam Court of Appeal ruled that the interest received by X BV from its third-party account qualifies as exempt turnover, requiring X BV to apply a pro rata calculation for its VAT return, as the interest is closely linked to its notarial activities.
- Referral for Further Examination: The Advocate General recommends referring the case back to the lower court, emphasizing that the burden of proof lies with X BV to demonstrate that it does not engage in transactions for consideration, and noting that the Court of Appeal did not address the alternative position of the tax inspector.
Source Taxlive
