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No Penalty for VAT Evasion Aimed at Another EU Member State, Supreme Court Rules

  • The Supreme Court (Hoge Raad) annulled the imposed tax penalties on X BV.
  • X BV’s intent was to evade VAT in another EU member state, not in the Netherlands.
  • The court ruled that this intent does not constitute a punishable offense under Dutch tax law (art. 67f lid 1 AWR).
  • The Supreme Court also rejected the tax inspector’s claim of gross negligence by X BV.
  • Previous case law suggesting otherwise was overturned by this decision.

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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