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AG Kokott Opinion: Dutch Pension Funds and VAT Exemption

  • AG Kokott considers pension funds not comparable to investment funds
  • VAT exemption on management services for Dutch pension funds depends on qualification as a common investment fund
  • Dutch pension funds do not qualify as UCITS but can be considered common investment funds if they exhibit similar characteristics
  • Investment risk must be borne by participants for exemption from VAT
  • ECJ asked to clarify if investment risk can be borne collectively and if factors affecting pension benefits are relevant

Source: view.deloitte.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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