In Finanzamt Essen Nord-Ost v GFKL Financial Services AG (ECJ Case C-93/10) Advocate-General Jääskinen expressed the Opinion that ‘the purchase of a portfolio of defaulted debts constitutes a service and an economic activity on the part of the purchaser of the debts’ within Article 2(1) of the Sixth Directive.
However on the facts of the case in question there was no direct link between the service provided and the consideration received so that the disputed supply was outside the scope of the Directive.
Why it matters: The Advocate-General held that in principle the purchase of a portfolio of bad debts was a supply within the scope of the Sixth Directive but that on the specific facts in question there was no direct link between the service provided and the consideration received so that VAT...
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