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Inattention to the threshold amount for VAT distance sales leads to liability for damages

The Civil Chamber of the District Court of Noord-Holland ruled that Q violated his duty of care in September/October 2017. He has therefore failed to fulfill his obligations under the contract for services.

 

A and B operate a webshop in party supplies. In 2017, the company is contributed to P bv. Q carries out administrative work for P bv. In 2018, Q establishes that the threshold amount for distance sales to Belgian consumers has been exceeded. P bv should therefore have filed a VAT return in Belgium. The Belgian tax authorities impose additional VAT assessments on P bv for 2016 and 2017, imposing a penalty and charging penalty interest. P bv requests Q to compensate the damage suffered by it.

Source Taxlive.nl

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