Services provided by a third party can be VAT-exempted
On 17 June 2021, the Court of Justice of the European Union (CJEU) issued a very important judgement regarding the VAT exemption available for the management of special investment funds. The judgement was passed in joined cases C-58/20 (K) and C-59/20 (DBKAG), initiated by an application for a preliminary ruling submitted by the Austrian Federal Finance Court (Bundesfinanzgericht). In both cases the Austrian Tax Office (Finanzamt Österreich), formerly Tax Office, Linz (Finanzamt Linz) refused to grant the Austrian operators the benefit of the exemption from VAT provided for in Article 135 (1) of the European VAT Directive.
Source WTS
See also
- C-58/20 (K) & C-59/20 (DBKAG) – Judgment – Tax work and use of software provided to investment fund management companies are VAT exempted
- Roadtrip through ECJ Cases – Focus on ”Exemption – Management of special investment funds” (Art. 135(1)(g))
- Topical overview ECJ Cases – Link to the EU VAT Directive 2006/112/EC
Latest Posts in "Austria"
- Intrastat – Increase of the reporting threshold for intra-EU imports and intra-EU exports
- Input Tax Deduction Denied for Property Likely Intended for Tax-Exempt Sale: Court Decision 2024
- No Input VAT Deduction for Unperformed Services Under Austrian VAT Law, Regardless of Good Faith
- Input VAT Deduction Allowed for Preparatory Activities Before Commencing Taxable Rental in Austria
- VAT Refund Process for Domestic VAT Groups: Individual Applications Required per EU Directive 2008/9/EC
