VATupdate

Guidance: Management of investment funds

The exemption from tax liability for the management of special investment funds may cover services that are electronic and the services do not have to cover the entire function

The services can be electronic and do not have to cover the entire function

The European Court of Justice has examined the question of whether certain supplies from third parties to companies managing special investment funds are covered by the exemption from tax liability. The Court stated that the granting of a right of use of a software used only to perform calculations that are essential for risk management and return measurement can be covered by the exemption from tax liability for the management of investment funds. The Court also made the same assessment with regard to the provision of tax information, which consists in ensuring that unit – holders’ fund income is taxed in accordance with national law. The exemption applies provided that the provision is closely linked to the management of special investment funds and that it is provided exclusively for the management of such funds. Thus, when such services are provided exclusively for the management of specific investment funds and not for other funds, they can be considered as “specific” for this purpose. This applies even if the provision of these services has not been outsourced in its entirety (C-58/20 K and C-59/20 DBKAG ).

Following these rulings by the European Court of Justice, the Swedish Tax Agency will review its position The exemption from tax liability for the management of special investment funds .

Source: skatteverket.se

Sponsors:

Advertisements:

* click here if you have interesting news to share *