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Option taxed rental is not ‘transferable’

  • The Court of Appeal of The Hague ruled that X cannot deduct input tax for the rent because it was not plausible that there was a rental agreement between X and B bv.
  • X also failed to prove that he took over the lease from A.
  • The court noted that Stichting D took over the rent and not X, and it was not possible to apply the taxed rental option agreed between B bv and A to the agreement between B bv and X.

Source Taxlive

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