VAT on housing rent for foreign temporary workers is not deductible

• The Court of Appeal of ‘s-Hertogenbosch has ruled that X bv incorrectly deducted VAT for accommodations provided to foreign temporary workers.
• X bv operates a temporary employment agency and provides accommodation for its foreign employees.
• The inspector argued that the VAT on these accommodations is not eligible for deduction under art. 1 paragraph 1 part c BUA.
• The District Court of Zeeland-West-Brabant initially ruled in favor of X bv, citing a Supreme Court judgment.
• However, the Court of Appeal found that X bv did not provide sufficient evidence of special circumstances that would justify the deduction.
• The information provided by X bv was deemed too general and indirect. Therefore, the deduction was deemed incorrect.

Source Taxlive

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