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Is Selling a Newly Built Home Subject to VAT?

  • It is important to determine if VAT entrepreneurship is involved when selling real estate.
  • VAT entrepreneurship can lead to VAT being due and/or VAT being deductible.
  • The Arnhem-Leeuwarden Court ruled that the delivery of a house took place within the framework of VAT entrepreneurship and is therefore subject to VAT.
  • The court ruled that the entrepreneurship never ended before the delivery of the house because all the actions of the interested party seamlessly overlapped.
  • The office building was not transferred to private use, so the delivery of the house took place within the framework of entrepreneurship.
  • The sale takes place within the framework of VAT entrepreneurship if the VAT entrepreneurship has not been terminated by the transfer to private use.
  • It is no longer necessary to assess whether the sale is carried out as a private individual in the exercise of his property rights or as a VAT entrepreneur.

Source: vanoers.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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