- The taxpayer buys and sells ‘gold coins’ from an online MMORPG via their website.
- The Court ruled that gold coins should not be treated as euros or bitcoin for VAT purposes.
- Buying or selling gold coins for euros is not considered a currency transaction.
- The VAT exemption under Article 11(1)i.1° of the VAT Act does not apply to gold coins, nor can the margin scheme be applied.
- The taxpayer’s appeal based on the principle of equality fails.
- The taxpayer argues that the Court wrongly distinguishes between the real world and the game world, claiming that gold coins function as an alternative means of payment with no other purpose.
- In cassation, the taxpayer challenges the Court’s rulings on the margin scheme and the principle of equality.
- The Advocate General (A-G) discusses the exemption for payment instruments and digital currencies, noting that non-traditional currencies qualify for exemption if accepted as alternative means of payment with no other purpose.
- The A-G upholds the Court’s decision that gold coins do not meet these criteria.
- The VAT exemption for payment instruments does not apply to gold coins.
- The A-G suggests dismissing the complaints about the margin scheme and the principle of equality under Article 81(1) RO and advises the Supreme Court to declare the Secretary of State’s cassation appeal unfounded.
Source: uitspraken.rechtspraak.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.
