11/7/2023 4:12:36 PM Are you an AIF? Are you comparable to a Spanish AIF? If yes, you could be entitled to a limited 1% tax on your Spanish source income By Violeta Pina Carlos Arrieta Martínez Valentín Magraner Bou The 1% income tax treatment, instead of the standard 19% tax, is available to non-Spanish tax resident alternative investment funds...
5/4/2023 9:39:01 AM The French Administrative Supreme Court provides clarifications on the French CFC regime in a non-EU context By Yves Rutschmann Victor Camatta In a decision dated 25 April 2022, the French Administrative Supreme Court has provided useful clarifications on the French CFC regime...
11/11/2022 11:56:27 AM Transfer pricing and EU State aid – CJEU reaffirms national tax autonomy and annuls Commission’s decision in Fiat case By Zoe Andrews Where should the line be drawn between the prohibition on State aid and Member States’ fiscal autonomy? According to the Commission and...
2/28/2022 1:20:09 PM CJEU concludes that Spain's Tax Form 720 violates the free movement of capital By Miguel Pérez The obligation to file Tax Form 720 to declare foreign assets and rights remains in force, but the original associated fines for late...
12/2/2021 3:33:04 PM Public CbCR has arrived in the EU By Tanja Velling The EU's directive on public country-by-country reporting was published in the Official Journal on 1 December 2021 to take effect on the...
9/1/2021 8:53:37 AM Is Spanish tax form 720 used to declare foreign assets of Spanish residents contrary to EU law? By Javier Arregui Darya Budova Back in 2012, the Spanish Government approved a tax amnesty by means of which Spanish tax residents could regularise their tax situation...
5/6/2021 12:00:00 AM Tax impact of European Commission’s draft foreign subsidies Regulation By Tanja Velling Under the European Commission’s draft Regulation for a new regime to address the impact of subsidies from non-EU countries on trade...
4/6/2021 12:00:00 AM The Spanish Supreme Court confirms that non-Spanish sovereign wealth funds may be fully exempt from tax on Spanish source dividends By Blanca García On 24 February 2021, the Spanish Supreme Court handed down a significant ruling which prohibits differences in tax treatment between...
2/2/2021 12:00:00 AM Non-Spanish resident pension funds are entitled to the refund of withholding tax on dividends paid by Spanish resident companies By Guillermo Canalejo Blanca García A 22 December 2020 ruling from the Spanish Supreme Court (the Ruling) has confirmed that taxing non-Spanish resident pension funds on...
12/16/2020 12:00:00 AM More questions than answers in the Gallaher appeals By Zoe Andrews The Upper Tribunal has decided in the Gallaher case that a number of questions should be referred to the CJEU prior to the end of the...
11/17/2020 9:10:46 AM The discrimination introduced by the non-French resident capital gains tax is not covered by the EU standstill clause: timing is of the essence! By Franck Morhain Victor Camatta The Administrative Court of Appeal of Versailles has recently ruled that the capital gains tax charge applicable to non-residents on the...
10/26/2020 9:44:17 AM Can administrative guidelines fix a legal provision which is inconsistent with EU principles? By Victor Camatta Franck Morhain The French Administrative Supreme Court has recently ruled, in the context of the capital gains tax charge applicable to non-residents on...
10/9/2020 12:00:00 AM United Biscuits’ hopes of a VAT refund crumble By Zoe Andrews The CJEU has held in the United Biscuits case that pension fund management services provided to occupational pension schemes are not...
12/13/2019 1:42:30 PM HMRC Statement on State Aid Recovery By Mike Lane Happy Friday the 13th! Taxpayers who claimed the benefit of the UK’s CFC finance company exemption before 1 January 2019 will have shaken...
11/8/2019 5:07:59 PM Gibraltar companies outside the scope of the Parent-Subsidiary Directive By Tanja Velling Michele Dimonte On 24 October, Advocate General (AG) Hogan opined that a company incorporated, and subject to corporation tax, in Gibraltar cannot avail...
11/1/2019 10:27:49 AM Dutch based in-house tax departments can be intermediaries under DAC6 By Maarten van der Weijden As the 31 December 2019 deadline for the implementation of DAC6 into the national legislation of EU Member States draws closer,...