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PPG Holdings BV v Inspecteur van de Belastingdienst

In the Netherlands case of PPG Holdings BV v Inspecteur van de Belastingdienst (CJEU Case C-26/12) Advocate General Sharpston expressed the opinion that ‘a taxable person who has established a pension fund as a separate entity for legal and fiscal purposes in order to safeguard the pension rights of his employees and former employees may not deduct the tax which he has paid on services supplied to that fund in connection with its management and operation. Such tax may be deducted only by the fund itself from any tax which it is liable to pay on its own taxable transactions.

An investment fund pooling the assets of a retirement pension scheme is not a special investment fund within the meaning of art 13B(d)(6) of Directive 77/388 management of which may be exempted from value added tax in the light of the objective of that directive...

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