- Details
(September 17, 2015)
On September 17, 2015 the Court of Justice of the European Union (CJEU) ruled in the joined Cases C‑10/14 J. B. G. T. Miljoen, C-14/14 X and C-17/14 Société Générale SA versus Staatssecretaris van Financiën (ECLI:EU:C:2015:608).
in Case C‑10/14:
(1) Does the application of Article 63 TFEU require the comparison of a non-resident with a resident, in a case such as the present in which tax on dividends was withheld on a dividend payment by the source State, to be extended to the income tax payable on the dividend income, against which, in the case of residents, the tax on dividends is set off?
(2) If the answer to Question 1 is in the affirmative, in the assessment as to whether the effective tax burden for a non-resident is heavier than the tax burden for a resident, should a comparison be made between the Netherlands tax on dividends, withheld in respect of the non-resident, and the Netherlands income tax payable by a resident, calculated in respect of the notional income which, in the year in which the dividends were received, is attributable to the total holding of investment shares in Netherlands companies, or does EU law require that a different standard of comparison be taken into account?
- Details
(September 17, 2015)
On September 17, 2015 the European Court of Justice (CJEU) ruled in Case C‑589/13 F.E. Familienprivatstiftung Eisenstadt (ECLI:EU:C:2015:612).
Is Article 56 EC to be interpreted as precluding a system for the taxation of capital gains and income from the disposal of holdings of an Austrian private foundation in the case where that system provides for a tax charge to be imposed on the foundation in the form of an ‘interim tax’ in order to ensure single national taxation only in the case where, on the basis of a double taxation convention, the recipient of gifts from the private foundation is exempt from capital gains tax which in principle is chargeable on gifts?
- Details
In today’s edition: Australia – Australia announces intention to commence tax treaty negotiations with Israel; Singapore – SMU-TA Centre for Excellence in Taxation Inaugural Conference - Speech by Mrs Josephine Teo, Senior Minister of State for Finance and Transport; The Netherlands – 2016 Budget Memorandum; The Netherlands – Tax plan cuts taxes on labour; European Commission – Remarques du Commissaire Pierre Moscovici à la Commission Spéciale sur les Tax Rulings du Parlement européen
- Details
(September 16, 2015)
As we reported earlier, the European Parliament’s Special Committee on Tax Rulings and Other Measures Similar in Nature or Effect (TAXE) will have its next meeting on September 17, 2015. At the time we wrote our article, no links to the webpage(s) where a live webstream of this meeting will be broadcasted were available.
Read more: TAXE’s meeting of September 17 will be streamed live
- Details
In today’s edition: Australia – Introduction of Combating Multinational Tax Avoidance Bill (media release), we added links to the Tax Laws Amendment (Combating Multinational Tax Avoidance) Bill 2015 (as available on the website of the Parliament of Australia) and the EXPLANATORY MEMORANDUM (as available on the website of the Parliament of Australia); CJEU – Opinion of Advocate General Wathelet delivered in Case C-419/14 WebMindLicenses (ECLI:EU:C:2015:606) (VAT – Directive 2006/112/EU – Economic reality of a licence agreement with respect to knowhow – Compatibility of a secret tax investigation with the fundamental rights); Canada – Interest rates for the fourth calendar quarter
Page 5 of 10
