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Q-GmbH v Finanzamt Z

Extent of the exemption for insurance

In Q-GmbH v Finanzamt Z (Case C-907/19) the CJEU held that product licensing services are not within the scope of the VAT exemption for insurance and reinsurance intermediary transactions.

The claimant Q developed insurance products. It entered into an agreement with an insurance company (F) to provide three services:

  • the making available of a particular insurance product under a non-exclusive user licence (‘the product’);
  • the placing of insurance contracts with customers of F (‘the mediation service’); and
  • the management of insurance contracts including the settlement of claims (the management service’).

The decision does not make it clear but it appears that the mediation and management services related to the product.

The tax authorities considered that there were three separate supplies only one of which (the mediation service) was exempt under Directive 2006/112/EC article 135(1)(a) the other services being taxable. The German...

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