On 4 November 2022, the Dutch Supreme Court issued a decision that includes guidance to determine when real estate reconstruction and transformation projects lead to the creation of ‘in effect newly built real estate’ for Dutch VAT purposes (in wezen nieuwbouw). This is relevant as the supply of newly built real estate is subject to 21% Dutch VAT and eligible for an exemption from Dutch real estate transfer tax (RETT). If there is no creation of newly built real estate, then the supply would typically be exempt from Dutch VAT and subject to Dutch RETT (at 8% for investors).
Source: alvarezandmarsal.com
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