22. November 2012 Dividend withholding tax does not disadvantage foreign pensi ... The ECJ has rejected a claim by the Commission that the German withholding tax on gross dividends discriminates against foreign pension funds, because the Commission did not substantiate the expenses excluded from deduction. Kategorien: From EuropeSchlagwörter: pension fund, dividend withholding tax, ...
21. Oktober 2011 Germany’s dividend withholding tax hinders free movement of ... In a case brought by the Commission, the ECJ has held that Germany’s withholding tax on dividends to other corporations is in breach of community law in that it discourages persons from other member states from investing in Germany. Kategorien: From EuropeSchlagwörter: free movement of capital, dividend withh ...
14. Juni 2012 Foreign corporate shareholder has claim on refund of dividen ... The Supreme Tax Court has followed an ECJ case in holding that a foreign corporate shareholder may claim from the local tax office a refund of the tax deducted at source from its dividend. Kategorien: Supreme Tax Court casesSchlagwörter: Steuern / Tax
26. April 2012 Foreign corporate shareholder has claim on refund of dividen ... The Supreme Tax Court has followed an ECJ case in holding that a foreign corporate shareholder may claim from the local tax office a refund of the tax deducted at source from its dividend. Kategorien: Supreme Tax Court casesSchlagwörter: withholding tax, refund, dividend
22. März 2022 Portuguese dividend withholding tax for foreign UCITS in bre ... Does the free movement of capital require a Member State to tax non-resident and resident investment vehicles according to the same tax system? This is the question raised in the request for a preliminary ruling submitted to the European Court of Justice (ECJ) by the Portuguese tax court (Tax Arbitration Tribunal). Contrary to the Opinion of the Advocate General the ECJ decided that the withholding tax on dividends paid to non-resident Undertakings for Collective Investments in Transferable Securities (UCITS) is in violation with current EU Law. Kategorien: European Court of JusticeSchlagwörter: UCITS, portuguese dividend withholding t ...
08. Oktober 2014 Schematic sale and return of securities cum and ex div fails The Supreme Tax Court has rejected a scheme involving the sale of securities cum div and their immediate return to the seller by way of loan in such a manner that both parties can claim credit for the dividend withholding tax. Kategorien: Supreme Tax Court casesSchlagwörter: cum div, ex div, quoted shares
19. Juli 2016 No deduction of foreign withholding tax in case of abuse Dividend withholding tax paid by a foreign intermediary company may not be deducted from the taxable income of the local shareholder of a German company if the entire arrangement is abusive and if, therefore, the dividend income is to be allocated to the German shareholder. Kategorien: Supreme Tax Court casesSchlagwörter: foreign tax relief, deduction of foreign ...
31. Januar 2018 German taxation of dividends paid to Canadian pension fund i ... The Lower Tax Court of Munich referred preliminary questions to the European Court of Justice regarding the compatibility of the German regime of dividend withholding tax imposed on a Canadian pension fund with the free movement of capital as provided in Article 63 of the Treaty on the Functioning of the European Union. Kategorien: European Court of JusticeSchlagwörter: pension fund, dividend withholding tax, ...
23. Januar 2013 Tax & Legal News – Issue 1, January 2013 In this issue: PwC Reports, Official Pronouncments, Supreme Tax Court Cases, From Europe and From PwC Kategorien: Tax & Legal NewsSchlagwörter: Steuern / Tax
12. Juli 2022 Italian withholding taxes on dividends distributed to foreig ... The Italian Supreme Court issued seven important judgments in which it ruled that Italian withholding taxes levied on dividends distributed to a German investment fund and six US investment funds are in violation of the EU principles on the free movement of capital (Article 63 (TFEU). Kategorien: PwC ReportsSchlagwörter: investment funds, withholding tax refund
09. Juli 2013 Withholding tax exemption on dividends on shares held in ban ... The finance ministry has announced the arrangements for claiming withholding tax exemption under the EU Parent/Subsidiary Directive on dividends on shares held in the custody of a bank. Kategorien: Official PronouncementsSchlagwörter: withholding tax, dividend, Parent/Subsid ...
03. Mai 2012 New double tax treaty with Luxembourg A revised double tax treaty has been signed with Luxembourg reflecting the current version of the OECD model. Kategorien: PwC ReportsSchlagwörter: Luxembourg, OECD model, double tax reaty
12. Juni 2012 Tax & Legal News - Issue 2, June 2012 In this issue: Pwc Reports, Official Pronouncements, Supreme Tax Court Cases, From Europe and From PwC Kategorien: Tax & Legal NewsSchlagwörter: Steuern / Tax
05. Januar 2012 Tax & Legal News - Issue 1, January 2012 Includes: PwC Reports, Official Pronouncements, Supreme Tax Court Cases, From Europe and From PwC Kategorien: Tax & Legal NewsSchlagwörter: Steuern / Tax
18. Februar 2015 Dividend to controlling shareholder taxable on resolution The Supreme Tax Court has held that a dividend payable by a solvent subsidiary to its shareholder with a controlling interest is generally taxable income for the latter on the date of the resolution regardless of a resolution for a later date of payment. Kategorien: Supreme Tax Court casesSchlagwörter: dividend, controlling interest, resoluti ...
05. März 2013 Corporation tax on portfolio dividends The Bundesrat has passed a bill to charge dividend income on investments of less than 10% to corporation tax. Kategorien: PwC ReportsSchlagwörter: portfolio dividend
10. Juli 2013 Write-down on some foreign investments permitted for 2001 The Supreme Tax Court has held that the Corporation Tax Act prohibition on impairment write-downs on foreign investments in 2001 must be disapplied if the investment is protected by the EU freedoms of establishment or capital movement, or if it leads to retrospective taxation. Kategorien: Supreme Tax Court casesSchlagwörter: foreign investment, write-down, impairme ...
07. November 2013 Denial of corporation tax credit for foreign dividend justif ... An ECJ advocate general has suggested the court recognise a restriction on the free movement of capital from the differing treatment of the corporation tax underlying domestic and foreign dividends, but hold it to be justified in the interests of maintaining the internationally agreed balance of taxing rights. Kategorien: From EuropeSchlagwörter: free movement of capital, foreign divide ...
31. Mai 2022 Update: Cum-ex trading is tax evasion In its decision of 28 July 2021, the Federal Court of Justice held that claiming a refund or credit of withholding tax in the wake of cum-ex schemes is a criminal act of tax evasion. The proceeds obtained in these illegal transactions and the benefits derived therefrom may be collected. Kategorien: Tax CourtSchlagwörter: cum-ex, Tax evasion
18. April 2013 Treaty policy The finance ministry has published its model double tax treaty serving as a guideline to negotiators. Kategorien: Official PronouncementsSchlagwörter: treaty policy, double tax treaty. model ...
