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Is the taxpayer considered a VAT entrepreneur? Analysis of the burden of proof.

  • The case involves a dispute over whether the taxpayer is considered an entrepreneur for VAT purposes.
  • The burden of proof lies with the taxpayer to demonstrate that they are engaged in economic activities with the intention of making sustainable income.
  • The taxpayer claims to have purchased a military vehicle with the intention of renting it out to event participants and organizers, but the bookings were canceled due to the Covid-19 pandemic.
  • The tax authority disputes the taxpayer’s claim, arguing that there is no evidence of a pre-agreed rental fee and no verifiable documents showing reservations with organizers.
  • The court concludes that the taxpayer has not provided sufficient evidence to support their claim of entrepreneurship for VAT purposes.

Source: uitspraken.rechtspraak.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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