Contacts
October 2009
PE information brief
The Aberdeen case - Discriminatory EU withholding tax on dividends ruled illegal by European Court of Justice (“ECJ”)
The ECJ has recently considered contrary to the EC Treaty an EU Member State levying dividend withholding taxes only on dividends paid to non-resident investment funds while exempting domestic investment funds from such taxes (regardless of the investment fund’s legal structure, UCITS or non-UCITS). We understand that the opportunity for funds to reclaim EU dividend with holding taxes (identified by the PwC FoKus Group in 2004) is reinforced with the strength of this case.
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