ECJ C-58/20 (K) – Question – VAT exemption for management of special investment funds includes tax-related tasks performed by third party?

Question raised on 4 February 2020 by the Bundesfinanzgericht (Austria)

Article in the EU VAT Directive

Article 135(1)(g) of Directive 2006/112/EC

Article 135
1. Member States shall exempt the following transactions:
(g) the management of special investment funds as defined by Member States;

Facts

The Finanzamt Linz case concerns administrative services comprising the calculation of yields for tax purposes.

Questions

Must Article 135(1)(g) of Directive 2006/112/EC ¹ be interpreted as meaning that the term ‘management of special investment funds’ also covers the tax-related responsibilities entrusted by the management company to a third party, consisting of ensuring that the income received by unit-holders from investment funds is taxed in accordance with the law?