Comments on ECJ C-250/21: VAT exemption to services provided under a sub-participation agreement

The Court said that it is first necessary to determine whether the categories of services rendered by Fund O under the sub-participation agreement qualify as services against remuneration. In the case at hand, the Court stated that the originator receives a service (i.e. the making available of a financial contribution) against a remuneration paid to Fund O (i.e. the transfer of the proceeds from the receivables specified in the agreement).

In a second step, the Court examines whether this supply qualifies as “granting of credit”.

See also ECJ C-250/21 (O. Fundusz lnwestycyjny zamknięty reprezentowany przez O) – Judgment – Exemption for the granting of credits apply applies to sub-participation agreements

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