- The case concerns VAT and the insurance exemption for pension providers under EU and Dutch law.
- Full risk transfer by the service provider is not required for the insurance exemption to apply.
- It is irrelevant for the exemption whether the investment risk is borne by the provider or participants; if relevant, the risk lies with the provider.
- The use of a formal insurer is not necessary for the exemption if the provider is not a formal insurer.
- The relationship between premium and pension exists, but the pension cannot be legally dependent on premium payment due to the “no premium – no right” prohibition.
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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