The finance ministry has decreed that an employee may value the benefit in kind of a driver for his company car at either the actual salary costs of the driver or at 50% of the benefit value of the car.
Tax & Legal
The Supreme Tax Court has held that an employee may deduct his accommodation and commuting costs while on secondment abroad from his employment income (if taxable) as travelling expenses.
The Supreme Tax Court has held that staff rebates are not employment income if the same rebate is available to employees of other, non-related companies.
The Supreme Tax Court has held that a country distribution agent for a US fund selling shares through a network of independent agents rendered a VAT-able service rather than acting as a VAT-free agent.
The Supreme Tax Court has held that that the partial charge business income determination of natural person shareholders with a holding of at least 1% also applies to liquidation losses if a liquidation dividend is paid.
The ECJ has held that a decision by the tax office to base the recoverable input tax of a bank on the portion of taxable leasing turnover reflecting the interest only is acceptable if it better reflects the actual use made of the inputs.
The Supreme Tax Court has held that a taxpayer cannot deduct costs incurred in preparing for a foreign permanent establishment even if, in the event, the establishment never came into existence.
The Supreme Tax Court has laid a second case before the ECJ on the division of input tax incurred in the construction and operation of a dual-use building between taxable and exempt activity.
The ECJ has held that a provision requiring notaries to surrender to the state part of their fees for registering changes in legal form conflicts with the prohibition on “other taxes” in the Capital Duty Directive.
The ECJ has held that excise duty due on goods brought into the country illegally may be exacted from any subsequent acquirer as well as from the smuggler himself.