Beneficial ownership concept in Russia According to Russian tax law, any income distributed by a Russian company to a foreign company is subject to Russian withholding tax (WHT) at 15% for dividends and 20% for royalties, interest and other...
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The Supreme Court and the National High Court have handed down some 20 judgments so far this year ruling against Hacienda and in favor of several Asset Managers of investment funds, pension plans and life insurances. Justice has established that...
On 18 June 2019, in its decision in Case C-591/17 Austria/Germany, the Court of Justice of the European Union (CJEU) ruled that the German car toll (PKW-MAUT) constitutes an infringement of EU law. In its decision, the CJEU states...
Following the CJEU decision in september 2018, the Danish High Court issued a decision on the actual facts of the Fidelity case c-480/16 The Danish High Court asked itself the following question: Should foreign funds have the same tax...
In Belgium, foreign collective investment vehicles that publicly distribute shares or units are subject to the Belgian annual tax (BAT), once they are registered with the Belgian Financial Services and Markets Authority (FSMA). This annual tax, which has some...
On 26 February 2019, the Court of Justice of the European Union (CJEU) issued its judgments inT Denmark and Y Denmark vs. the Danish Ministry of Taxation (Joined Cases C-116/16 and C-117/16 – “the dividend cases”) and in N...
On 3 December 2018, the Dutch Supreme Court published its decision in which it decided to maintain part of the preliminary questions to the European Court of Justice (“CJEU”) in the case Köln Aktienfonds Deka (C-156/17). At the same...
In a judgment dated November 22, the Court of Justice of the European Union ( CJEU) ruled that the currently-applicable French withholding tax scheme applicable to loss-making parent companies disregards EU rules requiring the free movement of capital. This...
On 24 August 2018, the Polish Ministry of Finance published a bill amending the WHT mechanism in Poland (‘the Bill’). On 4 October 2018, Poland’s lower house of parliament completed its first reading of the Bill. The Bill is...
Following a fierce political and public debate, the Dutch government on October 15 announced that it would no longer recommend abolishing the Dutch dividend withholding tax. At the same time, the Dutch government amended previous proposals that are part...