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Association of Off-Road Vehicles’ Contribution Without VAT: Taxability and Legal Ruling

  • X was a association of off-road vehicle enthusiasts.
  • They organized events, including a multi-day event with camping, open to both members and non-members.
  • Participants could drive off-road vehicles on an obstacle course created by X.
  • Members paid a one-time registration fee and an annual membership fee (€110 in 2021).
  • Members received a newsletter, a membership card, and a windshield sticker for event participation.
  • Non-members paid an entrance fee for each event (€40 in 2021).
  • The tax inspector believed X was liable for VAT and should file VAT returns starting January 1, 2021.
  • X argued that their membership fee was not taxable as there was no direct connection between their activities and the fee.
  • The court agreed with X, stating that VAT is levied on supplies of goods and services provided by a business operator for consideration.
  • The inspector failed to prove a direct connection between the membership fee and X’s activities.
  • The court ruled that there was a too remote connection between the fee and X’s events, making the fee non-taxable.

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.

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