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Parking with brick paving on VAT built land – July 12, 2024

  • BV X acquired two parcels of land with a building and parking lot in June 2017
  • Planned to develop new construction on the land
  • Split building into 25 apartment rights, sold 23 in 2017 without VAT
  • Dispute over whether parking lot qualified as building land for VAT purposes
  • Court ruled in favor of BV X, stating parking lot was considered built land
  • Inspector appealed, but Court of Appeal upheld previous ruling
  • Decision based on interpretation of VAT regulations regarding built land
  • Features of parking lot, such as drainage and lighting, supported classification as built land
  • Court rejected inspector’s argument that parking lot was part of public infrastructure
  • BV X could rely on VAT regulations for their case

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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