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Court of Appeal Arnhem-Leeuwarden Decision 05-11-2024: VAT Assessment, EU Defense Principle Dispute Resolved

  • The Court of Appeal Arnhem-Leeuwarden made a decision on 05-11-2024 regarding a dispute over VAT assessments
  • The VAT assessments for 2014 and 2015 were agreed to be annulled by both parties
  • The dispute remained regarding the VAT assessment for 2013 and whether it violated the EU defense principle
  • The EU defense principle requires that individuals be given the opportunity to present their views before a decision is made
  • The burden of proof to show compliance with the EU defense principle lies with the tax authorities
  • The Court ruled that there was no violation of the EU defense principle in the case of the VAT assessment for 2013
  • The tax authorities provided the taxpayer with a draft report and sufficient time to respond before making a decision

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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