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Court Denies Zero VAT Rate for Dutch Car Dealer Due to Insufficient Diligence with German Client

  • Court Gelderland denies zero VAT rate for Dutch car dealer due to insufficient diligence with German buyer
  • Zero VAT rate granted for Portuguese buyer
  • Dutch car dealer sold used cars within and outside EU
  • Applied zero VAT rate for sales to German and Portuguese companies
  • Inspector denied zero VAT rate for total amount of 81,500 euros
  • Dealer claimed sufficient research on buyers and referred to a June 2020 tax office letter
  • Dispute over whether zero VAT rate was correctly applied and awareness of fraud chain
  • German buyer: Court found insufficient diligence, not a regular buyer, and increased fraud risk
  • Portuguese buyer: Court found no evidence of fraud chain awareness, granted additional refund of 1,365 euros

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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