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VAT briefing for October 2017

Lee Squires and Fiona Bantock (Hogan Lovells) report the latest VAT developments that matter.
 

DNB Banka Aviva and Commission v Germany: cost sharing exemption

The CJEU handed down three judgments on the same day concerning article 132(1)(f) of the VAT Directive on the exemption for ‘cost sharing groups’: DNB Banka AS (Case C-326/15) Aviva Towarzystwo Ubezpieczeń na Życie SA w Warszawie (Case C-605/15) and Commission v Germany (Case C-616/15) (reported in Tax Journal 29 September 2017).

Article 132(1)(f) requires that member states exempt from VAT ‘the supply of services by independent groups of persons who are carrying on an activity which is exempt from VAT or in relation to which they are not taxable persons for the purpose of rendering their members the services directly necessary for the exercise of that activity’ where certain conditions are met.

In Aviva an insurance group...

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