Netherlands: Floating solar park not considered immovable property subject to property tax (court decision)
A decision on whether a floating solar park was immovable property subject to property tax
A decision on whether a floating solar park was immovable property subject to property tax
The District Court of Overijssel held that a floating solar park was not considered immovable property subject to property tax.
The court found that because the park was constructed to float, it must be regarded as a ship, which generally is regarded as movable property. The court disregarded the tax authority’s argument that it must also consider whether the park was used as a means of traffic or transportation or to what extent the park was intended to remain on site for a longer period of time.
The court then found that because the park was not sustainably bound to the ground or the shore, either directly or through other buildings or works, it must be regarded as a ship that is also movable property. The fact that the park was connected to the ground by means of cables and folding anchors and connected to the shore by means of an electricity cable did not change the court’s decision.
Read a November 2022 report prepared by the KPMG member firm in the Netherlands
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