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VAT recovery based on bank’s “actual use method” (opinion of Advocate General to Supreme Court)

The Advocate General to the Dutch Supreme Court (Hoge Raad) on 3 December 2021 issued an opinion in a case concerning a claim for value added tax (VAT) recovery by a bank that sought to base its VAT recovery on a financial analysis of the profit and loss (P&L) per product—that is, a VAT recovery method constituting an “actual use method” for determining the VAT recovery right.

The Advocate General concluded that it is not possible to apply such an actual use method by the bank.

Source: KPMG

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