Dutch Legislation

Chapter VI

in force

Diverse bepalingen

Turnover Tax Act 1968 (VAT) (Wet op de omzetbelasting 1968) · Articles: 60

Section 1

Teruggaaf van belasting

29 Article 29

In the event of cancellation, termination, dissolution or total or partial non-payment, or in the event of a price reduction after the supply of…

29a Article 29a

Upon petition, a refund of tax shall be granted in respect of the intra-Community acquisition of goods, insofar as the consideration is repaid…

30 Article 30

Upon petition, a refund shall be granted of the tax in respect of the intra-Community acquisition of goods in cases where the tax has been levied…

31 Article 31

A petition for a tax refund shall be made in the tax return for the period in which the right to a refund arose.

Section 2

Teruggaaf aan ondernemers die niet in de lidstaat van teruggaaf maar in een andere lidstaat gevestigd zijn

32 Article 32

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

32a Article 32a

If the petition for a refund concerns a refund period of less than one calendar year, but of at least three months, the tax amount to which the…

32b Article 32b

An entrepreneur not established in the Netherlands may submit a petition for a refund of tax charged in the Netherlands in respect of services…

32c Article 32c

This paragraph does not apply with respect to:

32d Article 32d

An entrepreneur not established in the Netherlands shall, upon petition, be granted a refund of the tax levied in respect of the supply of goods or…

32e Article 32e

In order to be entitled to a refund in the Netherlands, an entrepreneur not established in the Netherlands shall perform transactions that give rise…

32f Article 32f

An entrepreneur not established in the Netherlands who wishes to obtain a tax refund in the Netherlands shall submit a refund petition to the…

32g Article 32g

By ministerial regulation, it may be provided that the applicant, without prejudice to the data required pursuant to Article 32n, shall submit a copy…

32h Article 32h

By ministerial regulation, it may be provided that the applicant, together with the refund application, shall describe their professional activity by…

32i Article 32i

The ministerial regulation shall determine which language or languages the applicant may use for providing the information in the petition for refund…

32j Article 32j

If the pro rata mentioned for the application of the deduction in accordance with Article 175 of the VAT Directive 2006 is adjusted after the…

32k Article 32k

The petition for restitution relates to:

32l Article 32l

The petition for refund must be submitted to the Member State of establishment no later than 30 September of the calendar year following the refund…

32m Article 32m

The inspector shall notify the applicant of the date of receipt of the petition without delay by electronic means.

32n Article 32n

In the event that the inspector is of the opinion that not all useful information has been received to be able to take a decision regarding the whole…

32o Article 32o

If the inspector has requested additional information, he shall communicate his decision to grant or reject the request for a refund to the applicant…

32p Article 32p

If the inspector grants the petition for a refund, the approved refund amount shall be paid no later than ten working days after the expiry of the…

32q Article 32q

If the correction, as referred to in Article 32j, paragraph 2, first sentence, after set-off in the new petition for refund referred to therein…

32r Article 32r

If payment occurs after the final date of payment in accordance with Article 32p, paragraph 1, interest shall be paid to the applicant on the amount…

32s Article 32s

Interest shall be calculated from the day following the last day on which the refund, pursuant to Article 32p, paragraph 1, should have taken place…

33 Article 33

An entrepreneur established in the Netherlands may submit a refund application to a Member State of refund if he satisfies the following conditions:

33a Article 33a

The petition for refund relates to the tax levied in respect of the supply of goods or services rendered to the entrepreneur by other entrepreneurs…

33b Article 33b

In order to be entitled to a refund in the Member State of refund, the entrepreneur established in the Netherlands shall perform transactions that…

33c Article 33c

The entrepreneur established in the Netherlands who wishes to obtain a refund of tax in the Member State of refund shall address a refund application…

33d Article 33d

The nature of the goods and services acquired must be indicated in the petition for refund by means of the following codes:

33e Article 33e

The petition for refund must be submitted to the portal designated by the inspector no later than 30 September of the calendar year following the…

33f Article 33f

The inspector shall not forward the petition to the Member State of refund if the applicant in the Netherlands during the refund period:

Section 3

Fiscaal vertegenwoordiger

33g Article 33g

An entrepreneur who does not reside or is not established in the Netherlands and does not have a permanent establishment therein, may appoint a…

Section 4

Administratieve verplichtingen

34 Article 34

The entrepreneur is required, with due observance of the rules to be established by ministerial regulation, to keep records of the supplies of goods…

34a Article 34a

The entrepreneur is obliged to retain books, documents and other data carriers or the contents thereof – at the discretion of the inspector –…

34b Article 34b

For invoicing, the rules applicable in the Member State where the supply of goods or the service is deemed to have been provided shall apply, as this…

34c Article 34c

Every entrepreneur shall ensure that an invoice is issued by himself or, in his name and for his account, by his customer or a third party, in the…

34d Article 34d

In the following cases, a simplified invoice may be used:

34e Article 34e

By way of derogation from Article 34c, paragraph 1, an entrepreneur who habitually supplies to other entrepreneurs shall ensure that an invoice is…

34f Article 34f

Any document or message that makes amendments to, and specifically and unambiguously refers to, the original invoice, shall be considered an invoice.

34g Article 34g

The invoice shall be issued no later than the fifteenth day of the month following that in which the supply of goods or the service has been…

35 Article 35

A periodic invoice may be drawn up for several separate supplies or services, provided that the period to which the invoice relates does not exceed…

35a Article 35a

The following particulars are mandatory on the invoice:

35b Article 35b

Electronic invoicing shall be applied subject to acceptance by the customer.

35c Article 35c

The entrepreneur shall keep copies of the invoices issued by himself or, in his name and for his account, by his customer or a third party, as well…

35d Article 35d

For the purposes of this Act, "electronic invoice" shall be understood to mean an invoice containing the data prescribed by or pursuant to this Act…

36 Article 36

Articles 25, paragraph 3, and 27e of the General State Taxes Act (Algemene wet inzake rijksbelastingen) shall apply mutatis mutandis in the event…

37 Article 37

Any person who in any way mentions turnover tax on an invoice which they have not become liable to pay, other than on the basis of this article…

37a Article 37a

The entrepreneur, with the exception of those referred to in Article 7, paragraph 6, or Article 25a, paragraph 1, is obliged to submit electronically…

37b Article 37b

Any person who, in respect of the intra-Community acquisition of goods, falls under the application of Article 1a, paragraph 2, shall nevertheless…

Section 5

Bijzondere bepalingen

37c Article 37c

By way of derogation from Article 1, preamble and parts b and c, no tax shall be levied in respect of intra-Community acquisitions of goods which…

37d Article 37d

In the event of the transfer of the whole or a part of a totality of assets, whether or not for consideration or in the form of a contribution to a…

37e Article 37e

An entrepreneur who resides or is established in the Netherlands shall be deemed to perform their supplies and services in the Netherlands, insofar…

38 Article 38

It is prohibited for the trader to offer goods and services to persons other than traders and public law bodies at prices with such indications that…

39 Article 39

By Order in Council, it may be provided that:

39bis Article 39bis

A decision by the inspector on an objection against, or a judicial decision regarding, a payment made upon filing a tax return may lead to a refund…

39ter Article 39ter

For the application of Article 26, paragraph 2, of the General State Taxes Act (Algemene wet inzake rijksbelastingen) and Article 39bis, payment by…

Section 6

Algemene verplichtingen voor betalingsdienstaanbieders

39a Article 39a

For the purposes of this Section, the following definitions apply:

39b Article 39b

Payment service providers shall keep sufficiently detailed records of payees and of payments regarding payment services they provide for each…

39c Article 39c

For the application of Article 39b, paragraph 2, without prejudice to the provisions of Chapter II, Sections 1a and 1b, the location of the payer…

39d Article 39d

The registers contain the following data: