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No VAT deduction for renting roof for solar panels: Dutch court ruling on economic activity

  • X is a partnership with two spouses as partners
  • X rents out the roof of the house to one of the partners for the operation of solar panels
  • Amsterdam Court rules that there is no direct connection between the construction of the roof and the rental for the operation of solar panels
  • X is not entitled to deduct VAT
  • The Court rules that there is no economic activity for VAT
  • Even if there was a direct connection, X would not be entitled to deduct input tax
  • The Court considers that there may be an abuse of rights in this case.

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.

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