- Hof Amsterdam rules that renting movable wooden crates stored in a warehouse is not considered renting real estate
- The Supreme Court confirms this decision referencing Article 81 RO
- X rents out movable wooden crates and offers additional services to renters
- Renters have keys to the crates but cannot access the warehouse directly
- X places the crate in an accessible location upon request
- The dispute centers on whether the VAT exemption for renting real estate applies to these crates
- X argues it is real estate rental, but the tax inspector disagrees and imposes VAT assessments
- The court decides that exclusive access to the crate does not equate to access to a part of the warehouse
- Additional services provided mean the crates are not passively made available
- X appeals but the Advocate General Ettema advises the Supreme Court to declare the appeal unfounded
- The Supreme Court finds no need for further justification as the issue does not affect legal unity or development
Source: taxlive.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.
