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- Title
Freier Kapitalverkehr – Dividenden aus Streubesitzanteilen – Erstattung der von einer gebietsfremden Gesellschaft entrichteten Kapitalertragsteuer.
- Authors
Dautzenberg, Norbert
- Abstract
The article deals with a judgment of the European Court of Justice (ECJ) regarding the free movement of capital and the refund of capital gains tax. The judgment states that a provision in the tax legislation of a member state violates the Treaty on the Functioning of the European Union (TFEU) if it makes the refund of capital gains tax on dividends from foreign companies subject to certain conditions, while domestic companies do not have to fulfill such conditions. The judgment was issued in the case of ACC Silicones, a company based in the United Kingdom that had received dividends from a company based in Germany and applied for the refund of capital gains tax. The national court referred questions to the ECJ for a preliminary ruling in order to clarify the compatibility of certain conditions in the German Corporation Tax Act with the free movement of capital. It concerns the refund of capital gains tax on dividends received from foreign companies that do not meet the minimum participation requirement according to an EU directive. It is being examined whether the requirement of proof by a foreign tax administration that the capital gains tax cannot be credited or deducted violates EU law. The question of proportionality and effet utile regarding this requirement is also discussed. However, the request for a preliminary ruling only concerns the refund of capital gains tax on dividends distributed to a company based in the United Kingdom when the United Kingdom was still a member state of the EU.
- Subjects
UNITED Kingdom; FREE trade; CAPITAL movements; TAX administration &; procedure; CAPITAL gains tax; CORPORATE taxes; NONRESIDENTS; EUROPEAN Union; LEGAL judgments; TREATIES; EUROPEAN Union law; TAX laws; STOCKHOLDERS
- Publication
FinanzRundschau, 2022, Vol 104, Issue 15, p725
- ISSN
2567-4765
- Publication type
Article
- DOI
10.9785/fr-2022-1041515