Comments on ECJ C-639/22 (etc): C’est parti – Court of Justice on VAT position of Dutch pension funds

• The Court of Justice of the European Union held a hearing on October 5, 2023, regarding the application of VAT exemption to management services for Dutch pension funds operating a conditional average salary scheme.
• The key issue is whether the participants of the pension fund bear the investment risk. If so, the pension fund qualifies as a common investment fund and its management is exempt from VAT.
• The hearing aimed to provide clarity on whether the investment risk can be borne collectively by the participants and if factors such as the amount of pension benefit and actuarial interest rate are relevant.
• The outcome will have a significant impact on the management costs incurred by pension funds in the Netherlands.
• The Advocate General will reach a conclusion on January 11, 2024.

Source Deloitte

See also

• Hearing in Joined cases C-639/22 C-640/22 C-641/22 C-642/22 C-643/22 C-644/22

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