Agreements on the agreement do not lead to intermediary services for financial VAT exemption (Article 81 of the RO Act)
- Court Ruling on Establishment and VAT Exemption: The Amsterdam Court of Appeal ruled that X failed to prove that customer F is established outside the EU and that its services qualify for the financial VAT exemption under Article 11(1)(i) and (2) of the VAT Act 1968, as X’s activities extend beyond mere intermediation.
- Details of X’s Services: X provides services related to securities, particularly life assurance policies, and has been involved in acquiring policies and managing participation structures. The court found that key individuals associated with F, including A, D, and E, were based in the Netherlands, indicating that F likely operates within the EU.
- Supreme Court’s Decision: The Supreme Court upheld the lower court’s ruling by declaring the appeal in cassation unfounded without further justification, reinforcing the conclusion that the financial VAT exemption does not apply in this case due to the nature of X’s involvement and the management structure of F.
Source Taxlive
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