- VAT Deduction Dispute: A BV, a real estate company, sought to deduct VAT on an apartment purchased for business use, but the Tax and Customs Administration denied the deduction, claiming the apartment was also used as a residence. The Arnhem-Leeuwarden Court of Appeal ruled against A BV, finding insufficient evidence that the apartment was exclusively for business purposes.
- Principle of Equality and Legal Treatment: The court rejected A BV’s argument that the Tax and Customs Administration violated the principle of equal treatment, stating that A BV did not demonstrate that its situation was legally and factually identical to those where deductions were granted. The court identified significant differences, including the residential features of the apartment.
- Procedural Violations and Cost Reimbursement: While the court upheld the denial of the VAT deduction, it found that the Tax and Customs Administration violated Article 8:42 of the General Administrative Law Act by failing to submit all relevant documents in a timely manner. Consequently, it ordered the Administration to pay €3,628 in legal costs, although a full reimbursement of costs was denied.
Source BTW jurisprudentie
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