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Home International Customs Germany

German anti fraud tax rule too broad EU top court rules

byCT Report
22/12/2017
in Germany
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BERLINA: Germany’s anti abuse rule that denies withholding tax exemptions on dividend payments that German subsidiaries make to their parent companies in different countries is too overreaching to comply with European Union law, the EU’s high court concluded on Wednesday.

The question of exemption  referred to the European Court of Justice by a Cologne court  stems from the EU’s parent-subsidiary directive, under which subsidiaries in one EU country are spared withholding taxes when paying dividends to entities in another EU country.

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