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ARTICLE · 18 MARCH 2013

Important EU Decision On VAT And Investment Advice

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Ireland offers an attractive VAT regime for Irish investment vehicles such as regulated funds, capital markets issuers and financing vehicles.

IrelandTax

Ireland offers an attractive VAT regime for Irish investment vehicles such as regulated funds, capital markets issuers and financing vehicles. The judgment of the Court of Justice of the European Union ("ECJ") in the Gesellschaft für Börsenkommunikation ("GfBk") case provides important guidance on the VAT treatment of advisory services to such entities.

The main points are as follows:

(a) investment advice relating to a specified investment vehicle can qualify as a VAT exempt service;

(b) there should be greater scope to structure the provision of advice and investment management in a tax neutral manner;

(c) regulated investment funds, other investment vehicles, such as securitisation vehicles and their advisors should review their own position in light of the judgment.

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