06. Dezember 2011 Parent/Subsidiary Directive recast The Council of the EU has adopted a recast of the Parent/Subsidiary Directive without changing its substance. Kategorien: From EuropeSchlagwörter: Parent/Subsidiary, recast
26. November 2013 Anti-avoidance amendment to Parent/Subsidiary Directive The European Commission has drafted a proposed amendment to the Parent/Subsidiary Directive in the interests of closing perceived loopholes. Kategorien: From EuropeSchlagwörter: Parent/Subsidiary, anti-avoidance
28. Januar 2015 Parent/Subsidiary Directive tightened The European Council (ECOFIN) has adopted an amendment to the Parent/Subsidiary Directive to exclude arrangements entered into without a business reason other than to obtain a tax advantage from its benefits. Kategorien: From EuropeSchlagwörter: Parent/Subsidiary, tax advantage
15. März 2017 Subject-to-tax requirement of the Parent-Subsidiary Directiv ... The subject-to-tax provision of the Parent-Subsidiary Directive, whereby distributed dividends are exempt from withholding tax, requires that the dividends are taxed in the hands of the parent company. In practice, this necessitates actual payment of the tax. Kategorien: From EuropeSchlagwörter: Parent-Subsidiary Directive, subject-to- ...
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 ...
02. Mai 2018 Federal Ministry of Finance amends earlier circular on treat ... On 20 December 2017 the European Court of Justice (ECJ) took the view that Section 50d (3) Income Tax Act prohibiting certain intermediary foreign companies from (full or partial) refund of German withholding tax was incompatible with both the Parent-Subsidiary Directive and the freedom of establishment. The German Tax Authorities have recently issued a circular on its application of the rules. Kategorien: Official PronouncementsSchlagwörter: refund claim, Parent-Subsidiary Directiv ...
22. Dezember 2017 ECJ – German Anti-Treaty-Shopping Rule infringes EU law On 20 December 2017 the European Court of Justice (ECJ) issued its decision on two cases referred to it by the Cologne Tax Court on the compatibility of the anti-abuse rule in Section 50d Income Tax Act (ITA) with EU law. According to Section 50d (3) ITA certain intermediary foreign companies are not entitled to a (full or partial) refund of German withholding tax; without a preceding oral hearing the ECJ took the view that the section was incompatible with both the Parent-Subsidiary Directive and the freedom of establishment. - See update further below! Kategorien: European Court of JusticeSchlagwörter: freedom of establishment, anti-treaty sh ...
31. März 2022 ECJ: Withholding tax on notional interest in case of interes ... In a Bulgarian case the European Court of Justice (ECJ) held that EU law does not preclude national legislation imposing withholding tax on notional market-based interest (mandated under local tax anti-avoidance rules). Such withholding tax cannot be exempt under the regimes of the IRD (EU Interest - Royalty Directive 2003/49/EC) and the PSD (EU Parent-Subsidiary Directive 2011/96/EU) as there have been no actual payments of interest. Kategorien: European Court of JusticeSchlagwörter: notional tax, interest-free loan, notion ...
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
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 ...
24. November 2017 German exclusion from withholding tax relief in conflict wit ... The German anti- treaty shopping rule denying full or partial relief from withholding tax, as otherwise prescribed under a double tax treaty or applicable EU directive, is questioned by the Lower Tax Court of Cologne as being in violation of community law. The question has been referred to the ECJ in number of cases. Kategorien: Supreme Tax Court cases, From EuropeSchlagwörter: dividend withholding tax, treaty relief, ...
27. Dezember 2017 Tax & Legal Newsflash - 21 December 2017 ECJ: German Anti-Treaty-Shopping Rule infringes EU law. Kategorien: Tax & Legal NewsflashSchlagwörter: anti-treaty shopping rule
26. Juni 2018 Current version of German anti-treaty shopping legislation i ... On 25 June 2018, the European Court of Justice published its decision of 14 June 2018 concerning the current version of the German anti-treaty /anti-directive shopping legislation. Kategorien: European Court of JusticeSchlagwörter: freedom of establishment, Parent/Subsidi ...
06. April 2017 Tax & Legal News – Issue 2, March/April 2017 In this issue: PwC Reports, Official pronouncements, Supreme Tax Court Cases and From Europe Kategorien: Tax & Legal NewsSchlagwörter: Steuern / Tax
26. März 2015 Tax & Legal News – Issue 2, March 2015 In this issue: Official Pronouncements, Supreme Tax Court Cases, From Europe and From PwC Kategorien: Tax & Legal NewsSchlagwörter: Steuern / Tax
12. Mai 2011 Trade tax interest add-back not banned by directive? An ECJ advocated general has suggested the court rule that the German trade tax interest disallowance is not a "withholding tax" banned by the Interest and Royalties Directive. Kategorien: From EuropeSchlagwörter: interest, thin capitalisation, trade 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
11. Juni 2015 5% non-deductible deemed expense for foreign dividends can i ... An ECJ advocate general has suggested the court hold that the 5% effectively connected expense add-back for foreign dividends infringes a company’s freedom of establishment if an otherwise comparable domestic company could avoid the add-back by joining a tax group. Kategorien: From EuropeSchlagwörter: foreign dividend, tax group, directly co ...
16. Januar 2014 Tax & Legal News – Issue 1, January 2014 In this issue: PwC Reports, Official Pronouncments, Supreme Tax Court Cases, From Europe and From PwC. Kategorien: Tax & Legal NewsSchlagwörter: Steuern / Tax
