European Court of Justice Issues Advocate General Opinion on Dutch VAT Exemption Rules

The European Court of Justice (ECJ) March 14 issued an advocate general opinion for Joined Cases C-639/22 to C-644/22, on Dutch VAT exemption rules. The taxpayers sought preliminary rulings as to the qualification of special occupational pension funds, for purposes of the VAT exemption authorized by the EU VAT Directive. Upon a request for a preliminary ruling, the advocate general opined that: 1) a special investment fund is similar to an undertaking for collective investment in transferable securities (UCITS), by being open to the public, having a similar redemption obligation, and requiring investors to bear comparable risk; 2) funds that ...