How a Metal Deal Shaped Dutch Law

Noteworthy legal news from The Netherlands has made its way to the VAT IT office. The Dutch Supreme Court recently issued a significant ruling regarding the VAT reverse charge and the application's obligations. Here's what you need to know. 

What is the reverse charge mechanism? 

Let's start with a quick refresher. What exactly is the reverse charge mechanism? In a nutshell, the reverse charge mechanism in VAT is a concept that shifts the responsibility for paying value-added tax (VAT) from the supplier to the buyer. Under normal circumstances, businesses charge VAT on supplies and deduct VAT on purchases. The reverse charge mechanism deviates from this general rule and shifts the VAT liability. During the reverse charge, the supplier omits VAT on the invoice, allowing the customer to pay and claim VAT deduction concurrently when filing their VAT return.

But the plot thickens, as a recent court case may have found and ruled against a critical flaw in the process. 

The court case at a glance

In a nutshell, a recent court case involved the Dutch tax authorities and a Dutch entrepreneur. The gist of the case included the following: 

• A Dutch entrepreneur (the supplier) sold metals to a German entrepreneur (the customer).
• Before the initial delivery, the Dutch entrepreneur checked the customer's VAT number, which was invalid. 
• Regardless, the sale commenced and was invoiced with the reverse charge mechanism. No VAT was charged. 
• The customer received the goods and paid in cash.
• Despite repeated requests from the Dutch entrepreneur to the customer for a valid VAT ID number, it was never disclosed. 
• The Dutch tax authorities concluded that the person who contacted the supplier was not the actual customer, often referred to as a 'straw man.'
• They couldn't confirm if the real customer paid VAT in Germany.
• The tax authorities stated that the reverse charge couldn't apply due to the unknown customer identity.
• The Dutch entrepreneur disagreed and took the case to the Supreme Court.

Ultimately, the court ruling emphasized that in intra-community supplies/transactions, there is a dire necessity to know the customer's identity and ruled against the Dutch entrepreneur. It sided with the tax authorities, stating that valid customer details are now a prerequisite for effectively applying the reverse charge mechanism. If unable to prove the customer's identity, the VAT liability cannot shift to the customer. 

Stay in the loop with VAT IT

Ultimately, a big part of staying compliant with the latest VAT legislation, means keeping tabs on changes within the VAT landscape. More often than not, court cases and rulings have a great deal of impact on VAT processes and help provide practical use-cases and real-life scenarios of the nitty-gritty of VAT treatment. However, fine-combing through what may apply to your business can be a tedious and time-consuming process. Fortunate, we stay in the loop so you don’t have to. Ensure effortless and compliant VAT processes, without the heavy lifting with VAT IT.