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Comments on ECJ C-644/22: Pension funds – whether asset management services are exempt

A total of six references have been made by the Netherlands. In terms of background BPFL (C-644/22) is the lead case with full background details given. They concern Article 135(1)(g) which requires Member States to exempt ‘the management of special investment funds as defined by Member States;’ BPFL is a pension fund that acquired asset management services from a foreign supplier. The tax authority assessed on the basis that the services were not exempt and the reverse charge would therefore apply.

Source KPMG

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