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Occupancy of building per independent apartment: notional turnover is not included in pro rata calculation

  • New buildings with independent apartments must be put into use separately and revised for VAT exemption when used in 2014.
  • Fictitious turnover cannot be used in pro rata calculation. Stakeholder X constructed two new buildings with parking, retail space, and apartments above, all legally divided.
  • The Court of Appeal in The Hague ruled that X cannot calculate pro rata based on actual use and each apartment must be regarded as an independent immovable property.
  • VAT for apartments put into use in 2014 must be revised due to change in intended use.
  • The Supreme Court declares the appeal unfounded without further reasoning.

Source Taxlive

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