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VAT recovery based on bank’s “actual use method” (Supreme Court decision)

The Dutch Supreme Court (Hoge Raad) on 11 November 2022 issued an opinion in a case concerning the value added tax (VAT) recovery right of a bank that sought to determine its VAT recovery right on its mixed costs on the basis of a financial analysis of the profit and loss (P&L) per product. The bank believed that this VAT recovery method constituted an “actual use method” permitted for determining the VAT recovery right.

Source: KPMG

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