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Court Decision on Tax Rate for Art Products: Classification and Maker Status Dispute

    The dispute involves whether the 9% VAT rate applies to the delivery of products by the taxpayer, as per the Dutch VAT Act and related table. The key issue is whether the taxpayer’s products qualify as artworks under the specified table entry and if the taxpayer can be considered the maker. The taxpayer argues affirmatively, while the Inspector disagrees. The taxpayer seeks a reduction of €3,793 in the tax amount due, while the Inspector supports the court’s previous decision. The legal framework involves definitions and classifications of artworks, including paintings and decorative items, as outlined in the VAT Act, implementing regulations, and the Combined Nomenclature.

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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