16 July 2009
On 18 June 2009, the European Court of Justice (ECJ) gave its decision in Case C-303/07 Aberdeen Property Fininvest Alpha Oy. The Finnish Supreme Administrative Court (Korkein hallinto-oikeus) had requested a preliminary ruling from the ECJ on 27 June 2007
The ECJ held that Arts. 43 EC and 48 of the EC Treaty must be interpreted as precluding legislation of a Member State, which exempts dividends distributed by a resident subsidiary to a resident parent company in that State from withholding tax, but charges withholding tax on similar dividends paid to a parent company established in the form of an open-ended investment company (SICAV) resident in another Member State, which has a legal form unknown in the law of the former State and does not appear on the list of companies referred to in Art. 2(a) of EC Parent Subsidiary Directive 90/435/EEC.
We’re here to answer any questions you have about the Orbitax products and services.
We’re committed to providing high value, low cost tax research and management solutions.
Our Twitter account is where you can find latest information, news updates, offers and lots more.