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The Scope of VAT Information in Disputes over Input Tax Deduction: Beyond the Invoice

  • The tax authorities in the Netherlands may not only rely on the information in an invoice when determining the deductibility of input VAT in a dispute.
  • A taxpayer is questioned about five invoices by the tax authorities, which are related to a collaboration with another entrepreneur.
  • The tax authorities argue that the invoices and documents related to the collaboration do not clearly indicate the nature of the agreed-upon services, leading them to believe that the taxpayer has deducted too much input VAT.
  • The taxpayer provides an explanation and declaration regarding the collaboration, stating his intentions and his contribution to a renovation project.
  • The taxpayer also claims that the VAT on the invoices was paid by the other entrepreneur’s company, supported by accounting records and a supplementary tax return.
  • The tax authorities argue that the supplementary tax return resulted in a refund for the other entrepreneur’s company, but the court rules that this does not affect the taxpayer’s right to deduct input VAT.
  • The court reduces the imposed additional assessments.

Source: taxence.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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