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The VAT review for February 2024

The decisions in TP, Bolt and Realreed and consultation responses on the VAT exemption for fund management and energy saving materials are reviewed by Joao Martinho and Gary Barnett (Simmons & Simmons).

VAT and directors’ fees

In TP v Administration de l’Enregistrement des Domaines et de la TVA (Case C‑288/22) the CJEU held that a member of a board of directors does not carry out an economic activity independent of the company of which it is a board member and accordingly is not required to charge and account for VAT on their fees.

In Luxembourg a member of a board of directors is required to charge and account for VAT. TP a lawyer was a member of the board of directors of several companies in Luxembourg. TP argued that his remuneration as a member of the board of directors was not subject...

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