Court of Appeal The Hague: Pension Fund Not Qualified for Collective Investment, VAT Rightly Paid on Services

• The Court of Appeal in The Hague issued a decision on April 22, 2025.
• The case involves Article 11, paragraph 1, part 1, of the Dutch VAT Act 1968.
• The appellant is an industry pension fund.
• The appellant does not qualify as a collectively pooled investment fund.
• The appellant correctly paid VAT on services provided to it.
• The case was postponed pending the EU Court of Justice’s ruling on Article 135, paragraph 1, of the VAT Directive.
• The EU Court of Justice ruled on September 5, 2024, regarding the interpretation of the VAT Directive.
• The ruling addressed the conditions under which pension fund participants bear investment risk.
• The ruling also discussed the criteria for pension funds to qualify for VAT exemption.

Source: uitspraken.rechtspraak.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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