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Comments on ECJ cases C-639/22 to C-644/22: Comparability of AIF and UCITS: Key Considerations under German VAT Law and ECJ Judgment

  • The EU VAT Directive requires that management services for special investment funds be exempt from VAT
  • German VAT Act implements this exemption, defining special investment funds as including UCITS and AIFs
  • AIFs must be comparable to UCITS to qualify for VAT exemption
  • ECJ ruled that pension funds must bear investment risk to be considered comparable to UCITS
  • ECJ decision in a case involving Dutch pension funds in company pension schemes

Source: kmlz.de

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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