When a holding company sold stocks it had obtained from a trading subsidiary that went into receivership, the tax service claimed that the sale did not qualify as a taxable transaction because (a) the holding company normally did not qualify as a taxable person, and (b) the stocks should qualify as a "totality of assets". Consequently the buyer of the stocks was denied the deduction of input VAT as invoiced by the holding company. After Lenos filed an appeal with the District Court of The ...
‹ read full article ›A small company invested in an apartment near the business premises. It refurbished the apartment in order to accommodate its managing director if and when he decided to stay overnight instead of having to face heavy traffic when travelling to his home in another city. The tax service denied the input VAT deduction, claiming that the apartment was used for private purposes. Lenos holds the view that the use of the apartment is similar to that of a hotel suite that never is considered as ...
‹ read full article ›When a retailer purchased a large quantity of products from a wholesaler under the condition that he only has to pay if and when he is able to resell the products, the tax service first denied the deduction of input VAT at first (which position was relinquished when they were hauled before the District Court of Arnhem). Later, they imposed an assessment on the basis that the invoices had not been paid within two years. Lenos challenges this assessment, arguing that the two-year period only ...
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