X, a fiscal unit operating bunker ships, purchased a motor yacht under the margin scheme and applied it at the time of purchase. The inspector imposed an additional assessment and claimed that the margin scheme did not apply, but the Court of Appeal in ‘s-Hertogenbosch ruled that X was a reseller and rightly applied the margin scheme to the incidental sale of the yacht. The court found that X’s purchase and sale of the yacht was an extension of normal business operations and that X’s conduct was consistent with engaging in economic activity. The margin scheme applies to sales, and the fact that X only sold a yacht once did not disqualify them from being considered a reseller. The appeal was unfounded.
Source Taxlive
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