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Swiss Re, VAT and TOGC (not)

Greg Sinfield and Matthew Legg, of Lovells LLP, regret that a recent ECJ decision has created uncertainty

 
Greg Sinfield and Matthew Legg of Lovells LLP regret that a recent ECJ decision has created uncertainty
 
On 22 October 2009 the ECJ handed down its judgment in Swiss Re Germany Holding GmbH v Finanzamt München für Körperschaften Case C-242/08. The judgment followed Advocate-General Mengozzi's Opinion delivered on 13 May 2009 reaching the same conclusion that the transfer of 195 reinsurance contracts from Swiss Re Germany to Swiss Re Switzerland was not an exempt supply of insurance but was a taxable supply of services chargeable to VAT in Germany where the supplier was established (following the existing place of supply rules). It is unfortunate (if sadly not uncommon) that...

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