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Municipality provides a taxed service for separate collection of packaging waste

  • Court Ruling Summary: The Court of Appeal of The Hague determined that Municipality X provides a taxable service to Foundations A and N for the separate collection of packaging waste, which is subject to turnover tax.
  • Agreement and Remuneration: The municipality has a private-law agreement with Foundation N, receiving compensation from Foundation A for its collection activities, thus fulfilling part of the packaging industry’s producer responsibility obligations.
  • Sui Generis Supply Classification: The court classified the municipality’s services as a sui generis supply, indicating it does not qualify as a processing service, and concluded that the reverse charge mechanism does not apply, affirming the appeal as unfounded.

Source Taxlive

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