In a recent case, the Court of Justice ruled that the sale of a shopping center with rental contracts can take place without VAT because this transaction can be regarded as the transfer of a generality of goods. This case concerns a project developer who developed the shopping center and found tenants with a view to selling the complex. This is important for Dutch practice since there has been uncertainty in the Netherlands for some time about whether the transfer of a leased building by a project developer can be regarded as a transfer of a generality of goods.
Source PwC
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