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No Defensible Position for Deliberate VAT Carousel Fraud, Rules Advocate General Van Kempen

  • An entrepreneur knowingly participated in a VAT carousel fraud, submitting false documents and ignoring multiple warnings from the tax inspector.
  • Both the District Court and Court of Appeal in The Hague convicted him, sentencing him to 240 hours of community service.
  • The defense argued he had a “defensible position” based on a 2014 court ruling, but A-G Van Kempen rejected this, stating it only applies to those unknowingly involved in others’ fraud, not to those committing fraud themselves.
  • The evidence showed deliberate fraudulent actions, including fake invoices and false reference letters.
  • A-G Van Kempen advised the Supreme Court to dismiss the appeal.

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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