Skandia America Corp.
CJEU 17 September 2014, Case C‑7/13, Skandia America Corp. (USA), filial Sverige v Skatteverket, ECLI:EU:C:2014:2225, para. 25 and 26
25 To establish whether such a legal relationship exists between a non-resident company and one of its branches established in a Member State so that the supplies made may be liable to VAT, it is necessary to determine whether that branch carries out an independent economic activity. It is necessary in that regard to determine whether that branch may be regarded as being independent, in particular in that it bears the economic risk arising from its business (judgment in FCE Bank, EU:C:2006:196, paragraph 35).
26 As a branch of SAC, Skandia Sverige does not operate independently and does not itself bear the economic risks arising from the exercise of its activity. In addition, as a branch, according to the national legislation, it does not have any capital of its own and its assets belong to SAC. Consequently, Skandia Sverige is dependent on SAC and cannot therefore itself be characterised as a taxable person within the meaning of Article 9 of the VAT Directive.