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ARTICLE · 05 FEBRUARY 2016

No VAT Exemption For Aspiro SA Claims Handling Services

The EU Advocate General's opinion in relation to Polish company Aspiro SA may impact the practice of outsourcing claims handling by insurers.

PolandTax

The EU Advocate General’s opinion in relation to Polish company Aspiro SA may impact the practice of outsourcing claims handling by insurers.

Claims handling intermediary services within the insurance sector cannot be exempted from VAT under Article 13A(1)(a) of the Directive 2006/12/EC, according to Advocate General at the Court of Justice of the European Union (CJEU) Juliane Kokott.

Advocate General (A-G) Kokott's opinion on the matter late last year came about after tax authorities challenged Polish company Aspiro SA's (Aspiro) application for VAT exemption. The company believed it qualified for exemption on the grounds that its' activities fell under Article 135(1)(a) of the VAT Directive:

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