mr. J. el Khalfioui LL.M.

, in VAT

A 100% ownership condition for VAT groups goes too far, says the General Court

On 15 July 2026, the EU General Court ruled in Sampension (T-268/25) that a Member State cannot simply require 100% ownership for a VAT group with exempt members.

The case

A Danish life insurer formed a VAT group with its wholly owned management company. On 1 January 2017, two pension funds each acquired 3% of that company. Danish law requires full ownership in a VAT group of persons with taxable activities and persons without, so the group ended. A request to restore it was rejected.

The ruling

Article 11 of the VAT Directive allows a group where members are closely bound by financial, economic and organisational links. Full ownership can support a presumption of close links, but it cannot be a necessary condition. Close financial links can also exist below 100%.

A Member State can take measures against evasion or avoidance under the second paragraph of Article 11. But the mere tax advantage of a VAT group is not evasion. Neither is the loss of revenue that follows from the choice to allow VAT groups, and a purely theoretical risk cannot support a general rule. The Danish court must assess whether the condition is necessary and appropriate for that aim, and whether it respects fiscal neutrality.

There is a catch. Article 11 has no direct effect. If Danish law cannot be interpreted in line with it, the taxable person cannot rely on it against the State.

What to check

mr. J. el Khalfioui LL.M.

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