The Supreme Court rendered on November 4, 2022. a decision in response to preliminary questions from the Zeeland-West Brabant District Court about the interpretation of the concept of ‘essentially new construction’ for turnover tax. In short, the questions to the Supreme Court entailed which criteria must be used to assess whether an essentially new building has been created as a result of renovation work on an existing building. If such an essentially new building has been created, turnover tax is due on its delivery and the acquisition is exempt from transfer tax. The Supreme Court today ruled that only changes in the architectural construction of an existing building can lead to the conclusion that a renovation has been so drastic that a new building has essentially been created as a result.
Source Hoge Raad
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