- The article discusses a case about VAT treatment of interest received on a notary’s third-party account.
- Advocate-General Ettema has provided a conclusion in the ongoing case.
- The Advocate-General argues that the bank provides services to the notary, not the other way around.
- The funds in the account belong to the rightful claimants, not the notary.
- No service is recognized between the notary and the bank since the funds are not the notary’s.
- If a service were recognized, it would be between the claimants and the bank.
- The notary’s receipt of interest is due to a legal obligation to maintain the account, not as a service fee.
- The Advocate-General adopts an economic approach, viewing the notary as an intermediary due to legal obligations.
- The Supreme Court will make a decision, and if it follows the Advocate-General’s conclusion, it would be favorable for practice.
- Interest income would not lead to VAT deduction limitations on general costs.
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.
