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VAT Claim Denied: Private Limited Company’s Director Found to be Actual Customer

  • Taxpayer is a private limited company that operates from an office next to director’s residence
  • Company received invoices from gardener for work done, claimed VAT on them
  • Court ruled company not entitled to claim VAT as services were not received in a business capacity
  • Gardener had private agreement with director, company not party to it
  • Principle applied that recipient of invoice is presumed to be customer unless proven otherwise
  • Gardener demonstrated director was actual customer, company not involved
  • Company’s claim for VAT not justified, inspector’s decision correct

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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