- The ECJ ruled that Dutch DB pension funds can be exempt from VAT on asset management services if pension benefits mainly depend on investment returns.
- The decision stems from a long dispute over whether participants bear enough investment risk to qualify as VAT-exempt collective investment funds under EU law.
- The ECJ set the key test but left it to Dutch lower courts to decide whether the specific funds meet it.
- Tax advisers expect most funds will satisfy the requirement because investment returns make up most of the final pension benefit.
Source: loyensloeff.com
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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