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Court Rules Plaintiff Not an Entrepreneur for VAT in Amsterdam Case

  • The court ruled that the claimant cannot be considered an entrepreneur for VAT purposes regarding activities in the specified company.
  • The additional tax assessment was correctly imposed on the claimant after reduction upon objection.
  • The court explained its reasoning and the implications of this decision.
  • The defendant is required to submit relevant documents to the court, but failed to provide a copy of the tax assessment.
  • The claimant provided a copy of the tax assessment, and the court considered itself well-informed despite the defendant’s omission.
  • The court determined that the claimant did not suffer procedural disadvantage due to the defendant’s failure.
  • According to the law, anyone independently conducting a business is considered an entrepreneur for VAT.
  • The definition of an entrepreneur aligns with the term taxable person in the EU VAT Directive.
  • The court examined whether the claimant conducted activities independently, in her own name, and under her own responsibility.

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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