- When a company builds a building on land acquired through a surface right, there may be doubts about claiming a refund of VAT paid for the necessary purchases.
- One of the requirements for VAT refund is the purchase of depreciable assets.
- It is not immediately clear if the construction of a building by the surface right holder meets the criteria for VAT refund.
- According to administrative practice, depreciable assets for VAT refund must be determined based on income tax rules.
- The assets must be instrumental and depreciable for VAT refund eligibility.
- The Court of Cassation has also stated that both instrumental and depreciable requirements must be met for VAT refund eligibility.
Source: eutekne.info
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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