- The District Court of Gelderland has ruled that the delivery of a plot, which includes a part with a construction destination and existing buildings that are negligible, is subject to sales tax as it is considered a building site.
- The court also ruled that leaving a tea dome standing on the plot does not change its classification as a building site. X, who sold the two lots, argued that sales tax should only be charged on the part with a building destination.
- However, the court deemed the delivery of the plot as one indivisible performance.
- X did not declare turnover tax on sales in 2019 and was penalized, but the appeal was well-founded in connection with an arguable point of view.
Source Taxlive
Latest Posts in "Netherlands"
- Internet consultation on new VAT rules for platform economy starting July 2028
- VAT and School Building Transfers: Economic Activity, Consideration, and Legal Certainty in Dutch Case Law
- New policy note on intermediation in share transactions
- No Excuse for Unpaid VAT Without Filing Invitation; Fine Upheld but Reduced to €1,500
- No VAT Deduction for Exempt Rental by Partnership to BV, Court Den Bosch 2025