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Definition of ‘Cultural Service’ for VAT Exemption on Copyright Sublicensing by Cultural Foundations

  • Fundacja K. is a Polish foundation organizing cultural activities, including exhibitions of comic artist J.C.’s works.
  • The foundation requested a VAT exemption for sublicensing J.C.’s copyrights, claiming all income is used for cultural activities.
  • The tax authority rejected this, stating the activities do not qualify as “cultural services” for VAT exemption.
  • The referring court has asked the European Court of Justice to clarify the definition of “cultural service” under Article 132(1)(n) of the VAT Directive.

Source: nlfiscaal.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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