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No Transitional Law for VAT Increase Applied to Optioned Houses in 2013

  • CV X developed a new construction project and obtained a sales option from housing corporation A in 2010.
  • CV X exercised the sales option in 2013.
  • The tax authority imposed a VAT assessment on CV X for the years 2013 and 2014.
  • CV X argued that the sales of the new construction properties in 2013 fell under the transitional arrangement for the VAT rate increase.
  • The lower court agreed with CV X, but the higher court ruled in favor of the tax authority.
  • The Supreme Court upheld the decision of the higher court, stating that the transitional measure only applied to agreements for the delivery of a property, not agreements for the exercise of a sales option.

Source: futd.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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