Tax & Legal

Categories: All (4 found)

1. 12.07.2022

   Italian withholding taxes on dividends distributed to foreig ...

   The Italian Supreme Court issued seven important judgments in which it ruled that Italian withholding taxes levied on dividends distributed to a German investment fund and six US investment funds are in violation of the EU principles on the free movement of capital (Article 63 (TFEU).

   Categories: PwC Reports

   Keywords: investment funds, withholding tax refund
2. 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 ...
3. 26.03.2022

   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.

   Categories: Tax Court

   Keywords: withholding tax refund, canadian pension ...
4. 25.03.2022

   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.

   Categories: European Court of Justice

   Keywords: portfolio dividend, documentation, withh ...