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Gross Negligence on VAT Deduction for Private Home Renovation

  • A Dutch partnership (VOF A) received VAT assessments, a 25% penalty, and tax interest after a 2022 audit found accounting discrepancies and wrongly deducted VAT on a private home renovation.
  • The partnership argued the renovation also included business areas, but the court found this was not supported by evidence, so the VAT reassessment stood.
  • The court held there was gross negligence for claiming input VAT on the private renovation, but recalculated and reduced the penalty to €1,711.
  • The penalty was then cut by 10% for excessive delay, ending at €1,539.
  • The tax interest remained unchanged; the court rejected the proportionality argument.

Source: btwjurisprudentie.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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