Court of Appeal Amsterdam Decision on VAT and Real Estate Transfer Tax Exemption Application

• The case involves a dispute over whether the exemption of article 15, paragraph 1, sub-paragraph b of the 1970 Law on Transfer Tax applies to the acquisition of shares in a company
• The court considered whether the property in question was essentially new construction
• The legal framework for determining whether a property qualifies as new construction was discussed, including the definition of “first use” after renovation
• The court referred to previous case law to determine that a property is considered newly constructed if significant work has been done to create a new building

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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