On 17.03.2022, the ECJ has ruled in favor of AllianzGI investment funds against the Portuguese tax authorities. The Court has stated that foreign investment funds are not treated equally for tax purpose like local investment funds in Portugal. This...
Read More
EU Commission asks France to change its withholding tax rules on dividends to insurance companies in other EEA Member States The Commission has today sent a letter of formal notice to Franceurging it to change its withholding tax rules...
According to the 2021 Draft Finance Law (La bozza di DdL Bilancio 2021), with regard to the taxation of dividends and capital gains deriving from shareholdings of companies with tax residence in Italy, the current discrimination between investment funds...
You can reclaim the Withholding Tax following 3 processes: Following the provisions of the Double Tax Treaty (DTT) between the Country of residence and the Country source of income Following the Court of Justice of the EU claims (Aberdeen...
Reclaims of foreign withholding taxes have become an absolute must for investment funds, but the practice has proven less common among insurance companies. Since the “Fokus bank” case 16 years ago, investment funds have been successfully obtaining refunded foreign...
The Danish Tax Authorities withhold 27% tax on dividends when the dividend is distributed to foreign shareholders. The foreign shareholders can reclaim the part of the dividend tax which exceeds the rate according to the relevant double taxation agreements...
On February 11 2020 the Swedish Supreme Administrative Court rules that US RIC is comparable to Swedish investment funds Background A US investment fund (US RIC) claimed a refund of Swedish withholding taxes levied in 2006–2008 on Swedish dividends...
On 16 January 2020, the South Korean Supreme Court ruled that Luxembourg SICAVs are entitled to a reduced withholding tax rate on dividend income under the Korea-Luxembourg tax treaty. The context In the past, Luxembourg SICAVs could claim Korea-Luxembourg...
On 30 January 2020, the European Court of Justice (“CJEU”) rendered its judgment in the “Deka” case (C-156/17). The Dutch Supreme Court referred three procedural questions to the CJEU regarding a refund of Dutch dividend withholding tax to foreign...
The College Pension Plan of British Columbia (CPPBC) is a tax-exempt pension fund under Canadian law with the legal form of a common-law trust. The CPPBC received dividends from German listed companies from 2007 to 2010, on which 15%...