A company that regularly entered into loan agreements with borrowers intended to transfer these receivables to two subsidiaries. The company would then provide the subsidiaries with services relating to the management of the receivables. The Tax Court considered that the provision of the administration was not covered by the exemption from tax liability in ch. 3. § 9 ML. HFD confirmed the advance notice. HFD stated that the exception in ch. 3 § 9 ML for banking and financing services must be interpreted in the light of Article 135.1 bi of the VAT Directive. HFD considered that the exception in the VAT directive for “management of credit by the person who granted the credit” only covers the person who meets the dual requirement of being both holder and manager of the credit ( HFD 2023-01-31, case no. 4948-22 ).
Source: skatteverket.se
