- Court Ruling on Pension Agreements: The Arnhem-Leeuwarden Court of Appeal determined that the performance of pension agreements by industry-wide pension fund X does not qualify as insurance transactions, thereby disallowing the VAT insurance exemption and allowing X to deduct input VAT.
- Nature of Services: The court clarified that X provides a composite service related to pension agreements, which does not meet the criteria for insurance transactions since there is no direct link between premium payments and the right to pension benefits, as the employer may not pay premiums.
- Tax Implications: As a result, the premium paid is subject to VAT, and X’s tax return for the period from October to December 2017 was correctly filed, affirming that X did not overpay VAT, leading to the inspector’s appeal being upheld.
Source Taxlive
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