The plaintiff is an occupational pension fund and invokes the exemption contained in Article 11, first paragraph, letter i, third, of the Dutch VAT Act (Wet OB). In the opinion of the District Court, the plaintiff has not met all (four) criteria as established by the ECJ EU, so that she is not comparable to undertakings for collective investment in transferable securities (UCITS) and therefore does not qualify for the exemption. The investment risk of the members of the pension fund is not sufficiently significant to equate it with the risk borne by members of a UCITS.
Source: rechtspraak.nl
Latest Posts in "Netherlands"
- Reduced VAT Rate Not Applicable to Artistic Murals, Only to Residential Painting and Plastering
- Court Holds VAT Adjustment Dispute over City Hall Resolved by Settlement Agreement
- Dutch Court: Fiscal Representation Cannot Be Required for VAT Zero-Rate Where Mutual Assistance Exists
- Supreme Court Refers VAT Deduction Dispute on Mixed Costs in Financial Instruments to Hague Court
- No VAT Deduction Allowed for ICT Manager’s Mobile Phone Bundles, Court Rules
