The advocate general’s opinion in the Danish VAT case of ATP PensionService suggests the management of defined contribution pension schemes should qualify for VAT exemption in appropriate cases. Nick Skerrett looks at the issues.
The advocate general Mr Cruz Villalón released his opinion in the Danish reference ATP PensionService (C-464/12) on 12 December 2013. In contrast to the earlier CJEU decision in Wheels Common Investment Fund Trustees Ltd and other companies v HMRC (C-424/11) the advocate general has suggested that defined contribution pension schemes should be treated on a par with other collective investment schemes for the purposes of the VAT exemption for management of special investment funds in appropriate cases.
Should the CJEU follow the advocate general’s opinion this may open the way to refunds of overpaid VAT...
