EU tax reclaim opportunities - Take advantage of favourable ECJ/EFTA case law | Brochure
For more than 20 years, the European Court of Justice (ECJ) and the European Free Trade Association (EFTA) Court have dismantled discriminatory or restrictive measures to the extent that national rules deter investors of other member states from crossborder investments. This international case law offers opportunities to reclaim taxes unduly applied in a number of jurisdictions.
A recent focus on investment and pension funds
In its Aberdeen ruling, the ECJ has made a major step forward by tackling presumed tax barriers affecting investment funds – the ECJ held that EU member states could not levy withholding taxes only on dividends paid to non-resident investment funds while exempting domestic investment funds from these taxes.
Similarly, pension funds that have been subjected to discriminatory withholding taxes on dividends can also consider to file protective claims in order to recover withholding tax they have suffered.
An extended scope for the free movement of capital to third countries
The principle of free movement of capital, as stated in the Treaty on the Functionning of the European Union (formerly the EU Treaty), not only applies within the EU but also to movement of capital between EU member states and third countries. Yet, there is no clear-cut direct tax case law regarding non-EU fund claims and the third country dimension remains an indistinct concept. However, recent national developments tend to send strong signals that this emerging issue may open new reclaim opportunities for non-EU funds as well.
Opportunities: you may claim overpaid amounts back
The international case law of the ECJ/EFTA Courts opened up opportunities to reclaim withholding tax unduly withheld. Our Deloitte network has positioned us well to specifically assist with such reclaims in countries like (but not limited to) Finland, France, Germany, Italy, Norway and Spain. In this respect, a pro-active approach, regardless of your legal structure, is clearly recommended. Not only to ensure the opportunity for obtaining refunds is seized but also from a risk management perspective (as investors may enquire what action was taken in respect of discriminatory legislation).
We can help you
Deloitte Luxembourg can assist you with the following services, which generally will comprise two phases:
Our teams are ready to serve you
Deloitte Luxembourg has extensive knowledge in managing tax reclaim projects with a dedicated team of highly experienced collaborators. For this type of tax reclaim projects, Deloitte Luxembourg works closely together with its international network.
In each of the relevant countries, we have experienced teams familiar with all relevant aspects of international withholding tax reclaims enabling us to propose an integrated cross-border offer in this area.
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