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VAT briefing for October 2017

Speed read

In DNB Banka, Aviva and Commission v Germany, the CJEU held that the cost sharing exemption only applies to groups of persons whose members carry on activities in the public interest. In Iberdrola, the CJEU held that an investor which carried out construction works free of charge on third party property was entitled to recover input VAT on such works, where they were essential for completing the investor’s own development project. In Cussens, the AG has provided general guidance on the EU law principle of abuse of rights and opined that certain leasing arrangements were abusive. In BlackRock, the FTT held that the supply of an investment management computer platform could be exempt as the ‘management of a special investment fund’.

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