Relevant 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;
Decided
- C-169/04 (Abbey National) – Management activities for investment funds completely exempt from VAT
- C-363/05 (JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies)
- C-275/11 (GfBk) – VAT exemption for advice to management companies of mutual funds
- C-424/11 (Wheels Common Investment Fund Trustees and Others)
- C-26/12 (PPG Holdings) – Deduction of input tax – Pension fund – Concept of ”management of mutual funds”
- C-464/12 (ATP PensionService) – Asset management still exempt from VAT for certain pension funds
- C-251/16 (Cussens and Others) – VAT abuse of rights principle does not require a national measure transposing it
- C-231/19 (BlackRock Investment Management (UK) Ltd) – VAT treatment of management services outside scope of the exemption
- C-58/20 (K) & C-59/20 (DBKAG) – Judgment – Tax work and use of software provided to investment fund management companies are VAT exempted
ECJ Cases Pending
- ECJ C-639/22 (X) – Questions – Does the exemption for the management of mutual funds apply to a pension fund?
- ECJ C-640/22 (Fiscale Eenheid Achmea) – Questions – Does the exemption for the management of mutual funds apply to a pension fund?
- ECJ C-641/22 (Y) – Questions – Does the exemption for the management of mutual funds apply to a pension fund?
- ECJ C-642/22 (Pensioenfonds voor Fysiotherapeuten) – Questions – Does the exemption for the management of mutual funds apply to a pension fund?
- ECJ C-643/22 ( BPL Pensioen) – Questions – Does the exemption for the management of mutual funds apply to a pension fund?
- ECJ C-644/22 (BPFL) – Questions – Does the exemption for the management of mutual funds apply to a pension fund?
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