Tax & Legal

Tax & Legal Newsflash

On December 19, 2024, the European Court of Justice (CJEU) held, that it breaches the free movement of capital under Art. 63 TFEU, if WHT is refunded only to residents being in a loss-making position whereas a refund is not granted to non-residents being in a foreign loss-making position (case C-601/23, Credit Suisse Securities (Europe) Ltd. vs. Diputación Foral de Bizkaia). This judgment confirms, on the hand, the validity of the decision in the Sofina case (C-575/17, November 22, 2018) for which it was unclear whether it established general principles of CJEU jurisprudence for the future. On the other hand, the current judgment extends the Sofina principles to cases where WHT is also withheld on dividends paid to domestic recipients.

Complaint regarding the manner of video coverage of oral hea ...

A constitutional complaint challenging the manner of video coverage of an oral hearing before the Munich Tax Court was not admitted by the Federal Constitutional Court. Specifically, the claim was about the use of only one camera without zoom function in a video hearing.

Federal Government launches "Second Budget Financing Act"

The Federal Government has introduced the Second Budget Financing Act. Among other things, the law provides for a higher air traffic tax from 2024, sanctions in relation to the so-called citizen's income (“Bürgergeld”) and the gradual phasing out of subsidies for agricultural diesel.

Coalition parties present further package of measures for re ...

Following their committee meeting on 04 September 2022, the coalition parties have presented a further package of measures (known as the Third Relief Package) for relief in the current crisis.

Italy reshapes format, contents and requirements for transfe ...