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Short Stay Apartment Rentals for 3-5 Months Subject to VAT, Eligible for Tax Deduction

  • Short stay apartment rentals for three to five months are subject to VAT, allowing for input tax deduction.
  • A company transforms an office building into 52 apartments, renting 24 furnished units for short stays.
  • Rentals include energy, internet, and inventory, often for tenants in urgent need or awaiting permanent housing.
  • Contracts specify temporary stays, with durations limited to three or five months.
  • The company seeks VAT input tax deduction, which the tax inspector denies.
  • The court aligns with EU VAT law, stating short-term furnished rentals compete with hotels and are not VAT-exempt.
  • The nature of the service, not the tenant’s registration or purpose, determines VAT applicability.
  • The company is entitled to input tax deduction for short stay rentals.
  • Long-term rentals may have different tax implications, not addressed in this case.

Source: taxence.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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