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...
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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%...
The Case On 13 November 2019, the Spanish Supreme Court (Tribunal Supremo) issued a favorable decision confirming the right of a United States (US) Regulated Investment Company (RIC) to obtain a refund of the Spanish withholding tax on dividends paid...
On 19 October 2019, an important amendment (Real Decreto) to the Spanish Non-resident Income Tax Act was published in the BOE. It is key in the international tax practice since it states new requirements to prove the tax residency...