Some thoughts on the ‘management’ of ‘special investment funds’ following the entering into force of the AIFM Directive

Abstract:

The VAT exemption for management of special investment funds has been a topic of discussion for a long time. In the Fiscale Eenheid X NV judgment (9 December 2015, C-595/13), the Court of Justice of the European Union again gave its view on the interpretation of this exemption. The judgment raises many questions and the fact that the dispute relates to a period in which the AIFM Directive had not yet been introduced makes these questions even more complicated.

In this contribution, the authors share their thoughts on the consequences of the judgment, the introduction of the AIFM Directive and the current scope of the exemption for management of special investment funds. In particular attention will be paid to the interpretation of the terms ‘special investment fund’ and ‘management’.