Two decisions issued by the Arnhem-Leeuwarden Court of Appeal in the Netherlands on 17 May 2022 likely will be welcomed by property developers. Departing from its own jurisprudence, the court held that the supply of short-term leased property by a property developer should be regarded as the transfer of all or part of a business—in other words, the transfer of a going concern or TOGC—with the result that the transfer falls outside the scope of VAT so no VAT will be levied on the transfer.
Source BDO
