- Stichtingen X, Y, and Z provided access to theater performances and offered “wallet-free breaks” where the cost of a drink, the use of a guarded cloakroom, and administrative fees were included in the ticket price.
- Visitors could choose between alcoholic and non-alcoholic drinks during the break or after the performance.
- The stichtingen believed that the reduced VAT rate should apply to the alcoholic drinks, but the Zeeland-West-Brabant Court disagreed.
- The stichtingen successfully appealed the decision, with the Den Bosch Court of Appeal ruling that the drink during the break was an additional service that shared the same tax treatment as the main performance.
- The stichtingen offered a complete “package” of a performance including the drink, cloakroom, and administrative services to save customers the stress of waiting in lines and making separate payments during the visit.
- The provision of the alcoholic drink was not excluded from the reduced VAT rate applicable to the main service.
- The stichtingen fell under the category of providing access to music and theater performances, with the drink being an additional service that shared the same tax treatment as the main service.
- The provision of alcoholic drinks by the stichtingen was not exempt from the reduced VAT rate applicable to the main service.
Source: futd.nl
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
