Court of Arnhem-Leeuwarden made two important decisions for the (real estate) practice on 17 May 2022. In two cases, the Court ruled – in contrast to an earlier judgment from 2018 – that the transfer of (short-term) let real estate by a project developer qualifies for VAT as the transfer of a generality of goods. In both cases, the property was let exempt from VAT. As a result of these rulings, the tax burden is limited to the non-deductible VAT on the renovation costs, any land costs and additional costs instead of the non-deductible VAT on the purchase price.
Source Meijburg
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