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No VAT Deduction for Invoices After Third-Party Attachment in Transport BV Case

  • A Dutch transport company was denied input VAT deduction on invoices from a related company after tax authorities seized third-party payments and later challenged the transactions.
  • The court held that the company failed to prove it was the actual recipient of the services before 3 December 2018, especially since invoicing suddenly changed after the seizure without clear contractual changes.
  • For invoices from 9 December 2018 onward, the court found it unlikely the related company still performed transport services after its staff and vehicles had been transferred to the transport company.
  • Additional invoices for an trailer, phone costs, and track-and-trace were also rejected because the underlying supply or service was not sufficiently proven.
  • The appeal was dismissed and the VAT assessment remained in place.

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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