On 5 September 2024, the CJUE delivered a decision that may imply new developments regarding the VAT exemption for pension funds. The Court ruled that the beneficiaries bear the investment risk when their benefits depend mainly on the result of the investments, and that it is necessary to assess if the pension fund is comparable to a UCITS and other funds regarded as special investment funds for VAT purposes. If these criteria are met, a pension fund could benefit from exempt management services as investment funds.
Source Deloitte
See also
- ECJ C-639/22 & others – Judgment – Interpretation of VAT exemption for pension funds
- Roadtrip through ECJ Cases – Focus on Exemption – Management of special investment funds (Art. 135(1)(g))
- Other comments on ECJ C-639/22
- Join the Linkedin Group on ECJ VAT Cases, click HERE
- VATupdate.com – Your FREE source of information on ECJ VAT Cases
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