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Policy Decision on VAT Liability and Fiscal Unity

  • Update and Integration of Previous Decisions: This decision integrates and updates the VAT treatment of supervisory board members and committee members, incorporating changes from the 2021 decision and the introduction of the Law on Management and Supervision of Legal Entities.
  • Definition of Independence: Clarifies the concept of ‘independent’ for VAT purposes concerning the activities of natural persons acting as supervisors or committee members, emphasizing the lack of individual responsibility and economic risk.
  • Fiscal Unity Guidelines: Provides guidelines on fiscal unity for VAT, including the conditions under which holding companies can be included in a fiscal unity, replacing the previous holding resolution.
  • Non-Entrepreneurial Activities: Specifies that certain supervisory and advisory roles do not qualify as entrepreneurial activities for VAT purposes, even if performed alongside other entrepreneurial activities.
  • Implementation and Revocation: The decision will take effect on July 1, 2025, revoking previous decisions from 1991 and 2021 regarding VAT on holding companies and supervisory activities.

Source Staatscourant


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