Market leading insight for tax experts
View online issue

Stichting Schoonzicht v Staatssecretaris van Financiën

In Stichting Schoonzicht v Staatssecretaris van Financiën (Case C‑791/18) (17 September 2020) the CJEU held that Dutch provisions requiring initial VAT recovery to be adjusted in full following a change in the intended use of capital goods were not contrary to EU law.

Stichting Schoonzicht (S) owned a plot of land on which an apartment complex was built. S’s original intention was that the apartment complex was going to be used solely for taxable purposes and therefore input tax was recovered in full. However prior to making any taxable supplies of the apartments S changed its intention and rented out (on an exempt basis) four of the seven apartments in the block (the other three remained unoccupied).

In accordance with the law in the Netherlands S was obliged to pay back all of the VAT reclaimed in respect of the four apartments. It lodged an objection...

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top