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When “Excl. VAT” Isn’t a Detail, but a Business Risk

What a recent court ruling tells small businesses about pricing, trust, and unfinished conversations
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  • LINDA PAVAN
  • When “Excl. VAT” Isn’t a Detail, but a Business Risk
  • January 28, 2026 by
    Linda Pavan


    A recent court decision about a simple renovation job reads, at first glance, like legal fine print. In reality, it cuts straight into everyday business life: invoices that come back unpaid, discussions about “more work,” VAT suddenly questioned, and cash flow that stalls while lawyers argue. This is not abstract law. This is what happens on a random Tuesday when expectations were never fully aligned.

    The case involved a small construction business and private clients. The offer said “€52,500 excl. btw.” Extra work followed. No clear price was agreed for that extra work. The clients later refused part of the invoice and even claimed the VAT should never have been charged. The court eventually ruled that the VAT was due, but that the contractor had failed in a key information duty around pricing for the additional work. Result: part of the invoice stood, part didn’t, and compensation was capped, not because the work wasn’t real, but because the communication wasn’t solid enough .

    For micro-entrepreneurs, the message is painfully practical. “Excl. btw” is not wrong, but it’s not enough on its own. Yes, the court confirmed that a normal, attentive consumer should understand that VAT comes on top. But when the scope changes, silence becomes expensive. Extra hours, extra materials, extra effort: if the client cannot reasonably calculate what that will cost, the risk shifts back to the business, even if the work is already done and cannot be undone.

    What matters here is not legal cleverness, but predictability. Courts look at whether the client could make an informed decision at the moment the work expanded. Not afterward, when the invoice lands. Not when tempers flare. If that moment was vague, rushed, or handled with “we’ll sort it out later,” the financial consequences can land squarely on the entrepreneur’s balance sheet.

    This is where many small businesses quietly bleed margin. Not through bad clients, but through unfinished conversations. A short written confirmation, what changes, what it roughly costs, and that VAT applies, can be the difference between a paid invoice and a long, draining dispute. It is admin, yes. But it is admin that protects trust, cash flow, and sleep.

    The calm takeaway is not to become legalistic or paranoid. It is simply this: when work grows, clarity must grow with it. Not perfectly. Not beautifully. Just enough that both sides understand what is being decided, and at what cost. In a small business, that small pause to explain and confirm is often the cheapest insurance you’ll ever buy.

    Ruling Dutch  Court Arnhem-Leeuwarden, 13 January 2026 ECLI:NL:GHARL:2026:165

    in LINDA PAVAN
    # ES IT Linda Pavan NL TAX
    Linda Pavan January 28, 2026
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