Tax & Legal

Categories: All (15 found)

1. 05.06.2022

   Free movement of capital inapplicable in case German company ...

   In a most recent decision, the Regional Tax Court of Düsseldorf dismissed the claim of a Japanese corporation for a refund of withholding tax on the grounds that the case was within the scope of the EU principles for freedom of establishment which the plaintiff, being a resident of a third country, could not invoke.

   Categories: Tax Court

   Keywords: free movement of capital, freedom of est ...
2. 06.11.2019

   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.

   Categories: Supreme Tax Court cases

   Keywords: CFC provisions, free movement of capital ...
3. 11.02.2019

   Response of tax authorities to European Court of Justice’s d ...

   The tax authorities of the Federal States have issued a joint response to the ECJ’s decision in EV (C-685/16) on 20 September 2018, in which the Court decided that the “activity requirement,” contained in the rule providing for a trade tax exemption on distributions from third countries contravened EU law.

   Categories: Official Pronouncements

   Keywords: free movement of capital, EU Law, trade ...
4. 01.02.2019

   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 Whilst the judgement specifically related to a legal provision, which is no longer applicable, it represents a departure by the Supreme Tax Court from its previous view on this issue.

   Categories: Supreme Tax Court cases

   Keywords: minimum holding, free movement of capita ...
5. 29.01.2018

   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.

   Categories: European Court of Justice

   Keywords: free movement of capital, social securit ...
6. 12.04.2016

   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.

   Categories: From Europe

   Keywords: withholding tax, free movement of capita ...
7. 21.05.2015

   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.

   Categories: From Europe

   Keywords: free movement of capital, investment fun ...
8. 12.11.2013

   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.

   Categories: From Europe

   Keywords: sale of property, free movement of capit ...
9. 07.11.2013

   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.

   Categories: From Europe

   Keywords: free movement of capital, foreign divide ...
10. 30.10.2013

    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.

    Categories: Supreme Tax Court cases

    Keywords: free movement of capital, investment tru ...
11. 24.07.2012

    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.

    Categories: From Europe

    Keywords: free movement of capital, freedom of est ...
12. 24.04.2012

    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.

    Categories: From Europe

    Keywords: free movement of capital, inheritance ta ...
13. 21.10.2011

    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.

    Categories: From Europe

    Keywords: free movement of capital, dividend withh ...
14. 20.01.2011

    Inheritance tax on foreign holding referred to ECJ

    The Supreme Tax Court has referred to the ECJ on a refusal to grant the same inheritance tax allowance on a holding in Canada that would have been available on a domestic investment.

    Categories: Supreme Tax Court cases

    Keywords: free movement of capital, foreign invest ...
15. 09.01.2011

    Non-resident to be allowed personal expense deduction agains ...

    An ECJ advocate general has asked the court to rule that a German deduction for personal expenses be extended to non-residents if they would not have had the income without the obligation.

    Categories: From Europe

    Keywords: free movement of capital, Personal expen ...