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Concept of “essentially a new building” for VAT purposes (Supreme Court decision)

The Dutch Supreme Court (Hoge Raad) on 4 November 2022 issued a preliminary decision regarding the circumstances under which a property qualifies as “essentially a new building” for value added tax (VAT) purposes.

The Supreme Court held in line with earlier judgments that a property qualifies as “essentially a new building” for VAT purposes when refurbishment results in a previously non-existent property, which is mainly achieved by an extensive alteration in the building’s structural construction. Other factors can also play a role, but they are not decisive.

Source: KPMG

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