- The dispute concerns whether a payment made in 2019 is a final installment for a 2014 business transfer or a new, VAT-taxable service.
- The tax inspector argues the 2019 payment is a buyout for use rights, separate from the 2014 transfer, and thus subject to VAT.
- The taxpayer claims the payment is the final part of the original business sale, not a new service, and should not be subject to VAT.
- Both parties agree to handle the tax consequences solely with the taxpayer.
- Dutch law (article 37d Wet OB) allows certain business transfers to be exempt from VAT if they qualify as a transfer of a going concern.
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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