Will New Developments Regarding Pension Funds and VAT Lead to Additional Taxation of Retirement Plans?

While recent European Court of Justice case law has confirmed that asset management services rendered to defined benefit pension funds and pension scheme administrators are subject to VAT, the Advocate General in the pending ATP Pension Service case has indicated that similar services for defined contribution schemes may qualify for VAT exemption. The authors consider the Advocate General’s opinion and its potential impact on VAT. In addition, the authors discuss recent developments regarding the cost-sharing exemption.