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VAT briefing for January 2014

Lee Squires and Fiona Bantock review recent VAT developments, including decisions in ATP PensionService, Dixons Retail and Leeds City Council, and draft VAT measures to be included in the 2014 Finance Bill.

Key recent developments in the VAT arena are as follows.

ATP PensionService: management of defined contribution pension schemes

The advocate general (AG) has issued his opinion in ATP PensionService A/S (C-464/12) opining that the management of occupational defined contribution (DC) pension schemes may qualify for the VAT exemption for the management of ‘special investment funds’ under article 13(B)(d)(6) of the Sixth VAT Directive (now article 135(1)(g) of Directive 2006/112/EC).

In the earlier case of Wheels Common Investment Fund (C-424/11) the CJEU held that a...

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