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No VAT Exemption for Industry Pension Fund Due to Lack of Investment Risk for Participants

  • No VAT exemption for the industry pension fund X BV
  • Court of The Hague rules that X BV is not a collective investment fund
  • Key factor is that pension fund participants do not bear investment risk
  • X BV manages pension schemes for its employees
  • X BV is not an investment institution but is under special government supervision
  • X BV is funded by future pension recipients and invests based on risk diversification
  • X BV purchases asset management services from A Ltd. since mid-June 2017
  • Dispute over whether X BV qualifies as a collective investment fund under Dutch law
  • Court confirms X BV does not qualify due to predetermined pension rights and payouts
  • X BV is not comparable to a Defined Contribution pension fund
  • Appeal is dismissed

Source: taxlive.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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