EU VAT: Loan servicing exemption narrowed in securitizations
General Court confirms post-transfer servicing is taxable
June 23, 2026
EU VAT: Loan servicing exemption narrowed in securitizationsGeneral Court confirms post-transfer servicing is taxableJune 23, 2026 Why should I read this?On 17 June 2026, the General Court of the European Union (“General Court”) rendered its judgment in case T-184/25 (A Oy). The General Court has clarified that credit management services provided by an originating lender after loans are transferred to its wholly owned subsidiary are not VAT exempt. The exemption for credit management is strictly linked to the ongoing lender-borrower relationship and does not extend to services performed for an acquirer. Although the case concerns a Finnish situation, the ruling has effect in all EU Member States, including the Netherlands. In particular this ruling could have an impact on securitization structures, where servicing fees have commonly been treated as VAT exempt. The decision may result in irrecoverable VAT costs and requires financial institutions to reassess their VAT position and the structuring of servicing arrangements. What should I do?Financial institutions involved in loan servicing or securitization structures should consider the following actions:
What else do I need to know about loan servicing VAT?The Court’s reasoning focuses on the functional link between credit management and the lender-borrower relationship. Once that relationship is broken through a transfer of loans, servicing becomes a separate, taxable supply. The Court also confirmed that alternative VAT exemptions for entering into guarantees or sureties and for transactions concerning debts are not applicable. We would be pleased to assist you in assessing the potential impact of this ruling on your structure. Latest Insights
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