Saturday 14 July 2007

All right then, cannabis dealing...

It’s well-known that you are allowed to smoke dope in some establishments in Amsterdam, although the Dutch authorities are apparently thinking about restricting this to Netherlands residents. They may find that such a rule contravenes the European law on freedom of movement – under the EU treaty, you can’t be meaner to foreigners than you are to your own people just because they are foreign. That’s a nice idea, but individuals and governments keep trying it on.
Anyway, the Coffeeshop Siberie rented space to drug dealers who would sell dope at tables for people to take advantage of the relaxed atmosphere. Presumably they are preparing to examine passports or local utility bills before making the sale, if only the Dutch are to be allowed to get stoned. Anyway, the Dutch authorities asked the coffee shop’s owners for VAT on the rent paid by the dealers, and the owners appealed to the European Court. This time, surely, it was sufficiently illegal. Although the consumption of drugs was tolerated, it was still against the law, and it must therefore be not VATable.
The judges pointed out that the coffee shop was not actually selling drugs. They were just providing the space for other people to sell drugs. Although selling drugs was completely illegal, and there was no legitimate market in cannabis, renting space was a normal business activity. Renting space to someone who did something illegal with it was in the same category as the dodgy perfume sales in Goodwin & Unstead: it was a bit illegal, but not illegal enough. The VAT was still due.

2 comments:

Knee deep in the hoopla said...

Hi Mike

Would the table rent not be exempt from VAT as a licence to occupy land?

Regards

Wayne

Hippy Man said...

To "Knee deep": either they had opted to tax the rents in their cafe, or they allowed the dealers to occupy any table. If you rent one particular table, it might be exempt as a licence to occupy; if you can roam around chasing the customers (although dope smokers don't move too quickly when stoned) it's not a licence to occupy but what Customs in the UK call an "ambulatory concession" and it's taxable.