Suchergebnisse für: `free-movement-of-capital` (51 gefunden)

1. 01. Februar 2019

   Free movement of capital in cases of shareholdings of at lea ...

   In its judgement of 24 July 2018, published on 30 January 2019, the Supreme Tax Court held that with regard to national provisions with a requirement of a minimum shareholding of at least 10%, the principle of the free movement of capital is not blocked by the principle of freedom of establishment. Whilst the judgement specifically related to a legal provision, which is no longer applicable, it represents a departure by the Supreme Tax Court from its previous view on this issue.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: minimum holding, free movement of capita ...
2. 12. November 2013

   Failure to relieve loss on sale of property abroad does not ...

   The ECJ has held that the denial of relief in a member state of residence for a loss made on the sale of property in another member state is not an unjustified restriction on the free movement of capital.

   Kategorien: From Europe

   Schlagwörter: free movement of capital, sale of prpert ...
3. 30. Oktober 2013

   Global estimate of taxable income from foreign fund inhibits ...

   The Supreme Tax Court has laid a preliminary question before the ECJ on whether the provision setting the taxable income derived from an investment in a non-compliant foreign fund at 90% of the increase in the unit redemption price during the year is to be disapplied as a restriction on the free movement of capital going beyond what is necessary to combat tax evasion.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: free movement of capital, investment tru ...
4. 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 Europe

   Schlagwörter: free movement of capital, dividend withh ...
5. 24. April 2012

   Freedom of establishment excludes free movement of capital?

   An ECJ advocate general has suggested the court deny an individual freedom of capital movement on the grounds that the more appropriate freedom is that of establishment, which, however, is not relevant in the circumstances.

   Kategorien: From Europe

   Schlagwörter: inheritance tax, freedom of capital move ...
6. 24. Juli 2012

   Freedom of establishment can override free movement of capit ...

   The ECJ has held that the freedom of establishment cannot always be extended to third states through the freedom of capital movement.

   Kategorien: From Europe

   Schlagwörter: free movement of capital, freedom of est ...
7. 23. November 2013

   Penalty tax on “intransparent” investment fund hinders free ...

   An ECJ advocate general has suggested the court rule the German rules for “penalty” taxation on a unit holder of a foreign investment fund to be an unjustified hindrance on the investor’s freedom of capital movement.

   Kategorien: From Europe

   Schlagwörter: investment fund, penalty tax
8. 16. September 2014

   Differing forms of double tax relief not restriction on free ...

   The ECJ has held that no restriction on the freedom of capital movement arises from relieving domestic double taxation on dividend income under an exact imputation system, whilst foreign double taxation is relieved by exempting the foreign income.

   Kategorien: From Europe

   Schlagwörter: foreign income, double tax relief, divid ...
9. 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 Europe

   Schlagwörter: free movement of capital, foreign divide ...
10. 12. April 2016

    Treaty improved tax credit not a TFEU infringement?

    An ECJ advocate general has suggested that a tax treaty can justify a hindrance on the free movement of capital from granting a tax credit privilege to recipients of a dividend from a third country but not to those with dividends from a member state.

    Kategorien: From Europe

    Schlagwörter: withholding tax, free movement of capita ...
11. 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 Justice

    Schlagwörter: pension fund, dividend withholding tax, ...
12. 25. März 2022

    Documentation requirements for refund of withholding tax on ...

    In his Opinion of 20 January 2022, the Advocate General (AG) suggests to the European Court of Justice (ECJ) that Germany’s requirements for withholding tax claims filed by non-resident corporate taxpayers with seat or place of management in the EU or EEA are too strict in two respects and thus in violation of Article 63 TFEU on the free movement of capital.

    Kategorien: European Court of Justice

    Schlagwörter: portfolio dividend, documentation requir ...
13. 06. November 2019

    CFC rules considered to be in line with EU law

    Following a ruling by the European Court of Justice (ECJ) earlier this year, the Supreme Tax Court held in its decision of 31 October 2019 that the incorporation into the tax base of controlled company income from invested capital from an intermediary company domiciled in Switzerland in the financial year 2006 may restrict the free movement of capital, but it is justified through compelling reasons of public interest and does not therefore contravene EU law.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: CFC provisions, free movement of capital ...
14. 21. Mai 2015

    Estimated taxation on deemed income from non-transparent inv ...

    The ECJ has held that a German provision for the taxation of deemed income from foreign investment funds outside the EU that do not comply with the German disclosure requirements falls under the “grandfather” clause of Art 64 of the TFEU allowing restrictions on the free movement of capital to and from third countries on December 31, 1993 to continue in force.

    Kategorien: From Europe

    Schlagwörter: free movement of capital, investment fun ...
15. 08. Februar 2022

    Rules for limited inheritance tax liability only in part com ...

    According to the decision of the European Court of Justice (ECJ), the different inheritance tax allowances in the case of unlimited and limited tax liability is in line with EU law, specifically it is not in breach of the free movement of capital. However, the refusal of the German tax office to deduct liabilities linked to the inheritance in the case of limited tax liability is not compatible with EU law. 

    Kategorien: European Court of Justice

    Schlagwörter: limited inheritance tax liability, inher ...
16. 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 Justice

    Schlagwörter: UCITS, portuguese dividend withholding t ...
17. 27. September 2018

    German trade tax exemption for third country dividends in br ...

    On 20 September 2018, the European Court of Justice held that the “activity clause” in the German trade tax act for third country sourced dividends is contrary to the free movement of capital (Art. 63 of the Treaty on the Functioning of the EU - TFEU).

    Kategorien: European Court of Justice

    Schlagwörter: trade tax exemption, third country divid ...
18. 19. April 2022

    ECJ-referral: Trade tax addback of portfolio dividends in 20 ...

    The Supreme Tax Court has asked the European Court of Justice (ECJ) for a preliminary ruling on the question whether the trade tax addback of foreign portfolio dividends in the year 2001 is in line with the EU provision on the free movement of capital in Article 63 TFEU (formerly: Article 56 TEC).

    Kategorien: Supreme Tax Court cases

    Schlagwörter: trade tax addback
19. 26. März 2022

    No claim for refund of withholding tax for Canadian pension ...

    The Regional Tax Court of Munich rendered its final decision in the case of the College Pension Plan of British Columbia which is a pension fund in the legal form of a trust under Canadian law. The court held that the pension fund is not entitled to relief from withholding tax on dividends from domestic portfolio holdings. The court saw no violation of the free movement of capital. This judgment was preceded by a decision of the European Court of Justice (ECJ) as a result of a preliminary request submitted by the Munich tax court.

    Kategorien: Tax Court

    Schlagwörter: withholding tax refund, canadian pension ...
20. 29. Januar 2018

    European Court of Justice: Social security payments by EU re ...

    The European Court of Justice (ECJ) decided that the law requiring a French national resident in a third country to make social security contributions on income arising from assets was justifiable.

    Kategorien: European Court of Justice

    Schlagwörter: free movement of capital, social securit ...
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