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No Breach of Legitimate Expectation in VAT Reassessment for Foundation X, Court Rules

  • The court ruled that Stichting X could not derive any legitimate expectation of a right to deduct input VAT from the tax authority’s actions or communications.
  • Stichting X only provided an interest-bearing mortgage loan and performed no taxable activities.
  • The court confirmed that input VAT deduction is only allowed for taxable activities, which Stichting X did not perform.
  • The invitation to file VAT returns did not create a justified expectation of the right to deduct input VAT.
  • Stichting X’s appeal was dismissed.

Source: taxlive.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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