Dutch Legislation

Chapter V

in force

Special provisions

Turnover Tax Act 1968 (VAT) (Wet op de omzetbelasting 1968) · Articles: 83

Section 1

Small Businesses Scheme

25 Article 25

In this Section, the following definitions apply:

25a Article 25a

An entrepreneur who is established in the Netherlands and whose annual turnover in the Netherlands does not exceed € 20,000 may opt for the…

25b Article 25b

An entrepreneur established in the Netherlands may apply the exemption without making the notification referred to in Article 25a, paragraph 5, if…

25c Article 25c

For the application of the exemption referred to in Article 284(1) of the VAT Directive 2006, an entrepreneur established in the Netherlands must, in…

25d Article 25d

The prior notification shall contain at least the following information:

25e Article 25e

An entrepreneur who is established in the Netherlands and applies the exemption in one or more other Member States shall provide the inspector, in a…

25f Article 25f

For the application of Article 25d, paragraph 1, points (c) and (d), and Article 25e, paragraph 1, the following shall apply:

25g Article 25g

The inspector shall, without delay, deactivate the individual number with the suffix "EX", or, if the taxable person continues to apply the exemption…

Section 2

Satisfaction by receipts

26 Article 26

By ministerial regulation, rules may be established according to which entrepreneurs designated therein, who do not habitually supply goods or…

Section 3

Agricultural Regulation

27 Article 27 repealed

Section 4

Excise goods, other than tobacco products

28 Article 28 repealed
28a Article 28a

The levying of turnover tax in respect of the intra-Community acquisition of excise goods, other than tobacco products, shall be effected with…

Section 5

Regulation for used goods, works of art, collectors' items and antiques

28b Article 28b

In the event that a reseller supplies used goods, works of art, collectors' items or antiques, the tax shall, by way of derogation from Article 8…

28c Article 28c

If table I, part a, item 29, belonging to this Act, is not applicable to the supply to the reseller, the import by the reseller, or the…

28d Article 28d

In cases to be designated by ministerial regulation, and by way of derogation from Articles 28b and 28c, the tax in respect of supplies of goods to…

28e Article 28e

By way of derogation from Article 15, no deduction shall take place:

28f Article 28f

By way of derogation from Articles 28b and 28c, the reseller is entitled, in respect of each of its supplies that qualify for the application of…

28g Article 28g

Article 12, paragraph 3, does not apply to a reseller who does not reside or is not established in the Netherlands and does not have a permanent…

28h Article 28h

In the event that the reseller supplies goods with the application of Article 28b, 28c or 28d, the turnover tax shall be included in the…

28i Article 28i

Further rules may be established by ministerial regulation regarding the application of this Section.

Section 6

Regulation for investment gold

28j Article 28j

In this Act and in the provisions based thereon, investment gold shall be understood to mean:

28k Article 28k

Exempt from tax are:

28l Article 28l

The entrepreneur who produces investment gold or converts gold into investment gold may elect not to have Article 28k, part a, apply to him with…

28m Article 28m

By way of derogation from Article 15 to that extent, the entrepreneur has a right to deduct the tax that has been charged or has become due with…

28n Article 28n

The trader dealing in investment gold shall, with corresponding application of Article 34, keep a record of all transactions concerning investment…

28o Article 28o

In the event that an entrepreneur performs a supply or a service which includes the processing of investment gold belonging to another person, as a…

28p Article 28p

Further rules may be established by ministerial regulation regarding the application of this Section.

Section 7

Special provisions for entrepreneurs who provide services to non-entrepreneurs, or sell goods at a distance, or supply certain goods domestically

28q Article 28q

For the application of this Section and the provisions based thereon, a VAT return shall be understood to mean the return containing all data…

28r Article 28r

For the purposes of this Section and the provisions based thereon, the following definitions apply:

28ra Article 28ra

A taxable person not established in the Union who provides services to a non-taxable person who is established in a Member State, or who has his…

28rb Article 28rb

The non-Union entrepreneur shall notify the Member State of identification of the commencement and the cessation of his activity as an entrepreneur…

28rc Article 28rc

The notification which the entrepreneur not established in the Union submits to the Member State of identification when his taxable activities…

28rd Article 28rd

For the application of the non-Union scheme, the Member State of identification shall allocate an individual VAT identification number to the taxable…

28re Article 28re

The non-Union entrepreneur shall be removed from the identification register by the Member State of identification in the following cases:

28rf Article 28rf

The non-Union entrepreneur who makes use of the non-Union scheme shall submit a VAT return by electronic means to the Member State of identification…

28rg Article 28rg

The VAT return shall contain the individual VAT identification number for the application of the non-Union scheme and, for each Member State of…

28rh Article 28rh

The VAT return shall be filed in euros.

28ri Article 28ri

The entrepreneur not established in the Union shall pay the VAT with reference to the relevant VAT return at the time the VAT return is submitted…

28rj Article 28rj

The non-Union established taxable person who makes use of the non-Union scheme shall not apply any deduction of tax as referred to in Article 168 of…

28rk Article 28rk

If the tax due on services performed in the Netherlands, regardless of the choice of Member State of identification, has not been paid in whole or in…

28rl Article 28rl

The non-Union entrepreneur shall maintain records of all transactions to which the non-Union scheme applies. These records must contain sufficient…

28s Article 28s

For the application of this Section and the provisions based thereon, the following definitions apply:

28sa Article 28sa

The Union scheme may be used by:

28sb Article 28sb

An entrepreneur shall notify the Member State of identification of the commencement and the cessation of his activities covered by the Union scheme…

28sc Article 28sc

The taxable person not established in the Member State of consumption shall be excluded from the Union scheme by the Member State of identification…

28sd Article 28sd

The entrepreneur who makes use of the Union scheme shall submit a VAT return electronically to the Member State of identification for each calendar…

28se Article 28se

The VAT return shall contain the VAT identification number assigned to the taxable person and, for each Member State of consumption where VAT is due…

28sf Article 28sf

The VAT return shall be filed in euros.

28sg Article 28sg

The entrepreneur making use of the Union scheme shall pay the VAT, with reference to the relevant VAT return, no later than the expiry of the period…

28sh Article 28sh

The entrepreneur who makes use of the Union scheme shall not apply any deduction as referred to in Article 168 of the VAT Directive 2006 for the…

28si Article 28si

If the tax due on transactions performed in the Netherlands as referred to in this section, regardless of the choice of the Member State of…

28sj Article 28sj

The entrepreneur who makes use of the Union scheme shall maintain records of all transactions falling under the Union scheme. These records must…

28t Article 28t

For the application of this paragraph and the provisions based thereon, distance sales of goods imported from third-country territories or third…

28ta Article 28ta

For the application of this section and the provisions based thereon, the following definitions apply:

28tb Article 28tb

The following entrepreneurs who perform distance sales of goods imported from third-country territories or third countries may make use of the import…

28tc Article 28tc

For distance sales of goods imported from third territories or third countries for which the VAT declaration is made under the import scheme, the…

28td Article 28td

The taxable person making use of the import scheme, or an intermediary acting on his behalf, shall inform the Member State of identification of the…

28te Article 28te

The notification which the entrepreneur who does not make use of an intermediary submits to the Member State of identification before he commences…

28tf Article 28tf

The entrepreneur who makes use of the import scheme shall be assigned an individual VAT identification number for the application of the import…

28tg Article 28tg

The entrepreneur not making use of an intermediary shall be removed from the import scheme identification register by the Member State of…

28th Article 28th

The taxable person making use of the import scheme, or his intermediary, shall submit an electronic VAT return to the Member State of identification…

28ti Article 28ti

The VAT return shall contain the VAT identification number, as referred to in Article 28tf, of the taxable person and, where applicable, of his…

28tj Article 28tj

The VAT return shall be filed in euros.

28tk Article 28tk

The entrepreneur making use of the import scheme, or their intermediary, shall pay the VAT by reference to the relevant VAT return, no later than the…

28tl Article 28tl

The entrepreneur who makes use of the import scheme shall not apply any VAT deduction in the Member States of consumption in accordance with Article…

28tm Article 28tm

If the tax due on goods supplied in the Netherlands as referred to in this section, regardless of the choice of the Member State of identification…

28tn Article 28tn

The entrepreneur making use of the import scheme shall maintain records of all transactions covered by the import scheme. An intermediary shall…

Section 8

Special provisions for the declaration and payment of import duties (postal and courier services scheme)

28u Article 28u

If, for the importation of goods, with the exception of excise goods, in consignments with an intrinsic value not exceeding € 150, the import scheme…

28v Article 28v

For the application of the postal and courier services scheme, import tax shall be levied in accordance with Article 22, paragraph 1, from the person…

28w Article 28w

Persons making use of the postal and courier services scheme shall keep records of all acts falling under the postal and courier services scheme…

28x Article 28x repealed

Section 9

Provisions regarding fish

28y Article 28y

The tax due in respect of the import and the supply at auctions of fish, crustaceans, molluscs and shellfish brought in by a vessel returning from…

Section 10

Regulation for travel agencies

28z Article 28z

This Section and the provisions based thereon shall apply to the acts of travel agencies, insofar as the travel agencies act in their own name…

28za Article 28za

The acts performed by the travel agency under the conditions of Article 28z with a view to the conclusion of the travel contract shall be considered…

28zb Article 28zb

With regard to travel services, the tax shall be calculated, at the option of the travel agency, on:

28zc Article 28zc

If the services for which the travel agency relies on other entrepreneurs are performed by the latter outside the Union, the service of the travel…

28zd Article 28zd

In the event that, within a tax period in a calendar year, excluding the final tax period in a calendar year, the profit margin per tax period…

28ze Article 28ze

The tax charged to the travel agency by other entrepreneurs for the transactions referred to in Article 28z, paragraph 1, which directly benefit the…

28zf Article 28zf

With regard to travel services, for the application of Article 35a, paragraph 1, point h, turnover tax is included in the consideration.

28zg Article 28zg

Further rules may be laid down by ministerial regulation regarding the application of this Section.

Section 11

Regulation for vouchers

28zh Article 28zh

Any transfer of a single-purpose voucher by a taxable person acting in their own name shall be regarded as a supply of the goods or the provision of…

28zi Article 28zi

The actual delivery of the goods or the actual performance of the services in exchange for a multi-purpose voucher accepted by the supplier of the…

28zj Article 28zj

Without prejudice to the provisions of Article 8, paragraphs 1 and 2, the taxable amount for the supply of goods or the provision of services in…