In a recent judgment, the Supreme Tax Court decided that, for a sub-participation of a share in a corporation - whether in the form of a typical or atypical sub-participation - the tax assessment basis is not to be determined separately and uniformly.
The Supreme Tax Court has rejected a tax office attempt to requalify a repayment of share capital as a dividend merely because the repayment was not specified precisely in the capital reduction Resolution.
The Supreme Tax Court has held that the payment of a shareholder’s capital can be demonstrated by circumstantial evidence if the bank voucher is no longer available twenty years after the event.
