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Court Rules Pension Fund Services as Exempt Insurance Activities, Denying VAT Deduction Rights

  • The court case involves a pension fund providing exempt insurance services, which means no right to deduct VAT on execution costs.
  • There is a legal relationship between employees and the pension fund, meeting the criteria set by the Court of Justice for insurance services.
  • The court assesses whether the claimant has the right to deduct VAT for the first quarter of 2022, amounting to 31,244 euros.
  • The dispute is whether the claimant’s service is an exempt insurance service or a VAT-taxable service.
  • The claimant argues for VAT deduction, claiming the service is taxable and not an insurance-related action, citing the EU Court of Justice’s PPG ruling.
  • The inspector argues the services qualify as insurance-related and are VAT-exempt, thus no right to VAT deduction.
  • The inspector also argues the service fees are part of the pension premiums, not separate charges.
  • The court concludes the appeal is unfounded and explains the reasoning and implications of this decision.

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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