- The holding company and its director-major shareholder were held liable for an unpaid €1.17 million VAT debt of their subsidiary.
- The liability arose after the subsidiary granted a second mortgage to the holding, diverting sale proceeds and leaving nothing for the VAT debt.
- The court found this to be manifestly improper management, as the transaction provided little real benefit to the subsidiary and foreseeably harmed the tax authorities’ position.
- Directors’ personal acknowledgments of the debt interrupted the limitation period, so the VAT claim was not time-barred.
- The appeal was dismissed.
Source: uitspraken.rechtspraak.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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