- BV Y obtained a leasehold right on office building A for €6.5 million in February 2014
- The building was partially demolished and renovated for €25.2 million in late 2015
- The property was gradually delivered to 9-10 tenants from June 2017
- BV X acquired the shares in BV Y in March 2018 for €58.8 million
- BV X paid €3,462,010 in transfer tax but appealed due to the renovation
- The court ruled that the changes did not constitute new construction
- BV X appealed to the Supreme Court, arguing that significant renovations should be considered new construction
- The Supreme Court ruled that renovations should be considered new construction if they add significant value
- Member states could set criteria for defining renovations, but not as a minimum threshold for determining first use of a building
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.
