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Court Rules Temporary Room Rental in Low-Care Hospice Not Exempt from VAT Under Article 11.

  • X operates a low-care hospice
  • It is agreed that X provides a single composite service
  • Dispute exists on whether the service is exempt under article 11, paragraph 1, letter c, or taxed under article 11, paragraph 1, letter b, of the Wet OB 1968
  • The hospice is a home-like environment with guest rooms available
  • Court rules that for the average consumer, temporary rental of guest rooms is the main service
  • Volunteer services and meal provision are additional services enhancing the main service
  • Medical exemption under article 11, paragraph 1, letter c, does not apply as the main service is room rental
  • Room rental is considered as part of a lodging business for short stays
  • Service is not exempt, but exception under article 11, paragraph 1, introduction and under b, second, applies
  • X’s appeal is successful
  • Relevant to sales tax for the period from July 1, 2022, to September 30, 2022
  • Decision by Court of The Hague

Source: nlfiscaal.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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