- Increasing legal cases question if individuals selling residential plots act as VAT entrepreneurs
- If so, VAT is due and transfer tax may be exempt under certain conditions
- Recent European Court ruling: couple selling private agricultural land as building plots qualifies as VAT entrepreneurs
- Actions taken included converting land to building plots and purchasing additional land for access roads
- Amsterdam Court confirms previous ruling: taxpayer assumed obligations and risks inconsistent with private asset management
- Selling remaining plots indicates a sustainable pursuit of profit
- Determining VAT entrepreneurship in plot sales is case-specific and fact-dependent
- Recent rulings suggest VAT entrepreneurship occurs more often than parties initially believe
- Important to assess this in advance to avoid VAT reassessment, interest, and penalties
Source: vanoers.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.
