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Staatssecretaris van Financiën v Het Oudeland Beheer BV

In Staatssecretaris van Financiën v Het Oudeland Beheer BV Case C-128/14 (28 April 2016) the CJEU held that the value of a ‘deemed supply’ of land by a developer should take account of future rental payments under the lease granted to the developer as well as the costs incurred already when the exempted leases were granted.

Oudeland a Dutch company had entered into a 20 year lease over a plot of land and an office building under construction on that land; and VAT had been charged under Dutch law on the capitalised value of the ground rent as a whole.

Oudeland had then granted an exempt lease over part of the office building once it had been completed. In its VAT return Oudeland had calculated the taxable amount of the supply as the whole cost of completing the building plus the annual rent already...

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