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Court Rules X Acted as VAT Entrepreneur in Real Estate Development Dispute

  • The Hof Amsterdam determined that X’s actions in July 2019, particularly an agreement with the municipality to develop four plots for new homes for a fee, went beyond typical private asset management. X had previously purchased a property in 2015, split it into plots, and sold part of it in 2016. The core dispute was whether X acted as a VAT entrepreneur in selling these plots, and the court concluded that X’s active steps, especially the development agreement, indicated a role akin to a project developer. Consequently, X’s appeal was dismissed, and the court upheld that X acted as a VAT entrepreneur in both 2019 and 2021.

Source: taxlive.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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