- Taxpayer is a private limited company that operates from an office next to director’s residence
- Company received invoices from gardener for work done, claimed VAT on them
- Court ruled company not entitled to claim VAT as services were not received in a business capacity
- Gardener had private agreement with director, company not party to it
- Principle applied that recipient of invoice is presumed to be customer unless proven otherwise
- Gardener demonstrated director was actual customer, company not involved
- Company’s claim for VAT not justified, inspector’s decision correct
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.
Latest Posts in "Netherlands"
- Provision of maternity care staff not VAT exempt, but annulment of misdemeanor penalty
- No VAT Deduction for New Atelier House Construction, Court Rules Against Taxable Rental Option
- Low-Care Hospice Entitled to VAT Deduction for Services Provided, Court Rules
- Court Allows Partial VAT Deduction for New Complex Construction Costs; Appeal Partially Successful
- eInvoicing in The Netherlands