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No VAT deduction based on actual use for rental storage units in the Netherlands

  • A fiscal unit rents storage spaces to businesses and individuals.
  • Rental to individuals is exempt from VAT, while rental to businesses is usually subject to VAT.
  • The common areas of the storage facility are used more intensively by businesses than by individual renters.
  • The fiscal unit calculates the VAT deduction on common costs based on the actual use of floor space.
  • The tax inspector argues that the VAT deduction should be calculated using the pro rata method.
  • The Amsterdam Court of Appeal rules that the VAT deduction should be calculated using the pro rata method.
  • The fiscal unit cannot provide objective and accurate data on the actual use of the common areas.
  • The actual use cannot be determined based on access system data.
  • The frequency of use is not relevant for the exclusive use right of a storage unit.

Source: fiscount.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.

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