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Low-Price Car Sale to Shareholder Constitutes VAT Abuse, Advocate General Advises Supreme Court

  • Selling a car to a shareholder at an artificially low price can constitute abuse of law for VAT purposes.
  • Multiple transactions are not required to establish abuse of law; a single transaction with an abnormally low price suffices.
  • Both the District Court and the Court of Appeal found that X BV’s sale qualified as abuse of law.
  • Advocate General Ettema advises the Supreme Court to dismiss X BV’s appeal, referencing the Weald Leasing case.
  • An abnormally low price, not economically justified and below market value, is quickly seen as abuse.

Source: taxlive.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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