The Resource A._SÀRL v Federal Tax Administration (beneficial ownership) : Case 2C_209/2017

A._SÀRL v Federal Tax Administration (beneficial ownership) : Case 2C_209/2017

Label
A._SÀRL v Federal Tax Administration (beneficial ownership) : Case 2C_209/2017
Title
A._SÀRL v Federal Tax Administration (beneficial ownership) : Case 2C_209/2017
Creator
Contributor
Subject
Language
eng
Summary
Judgment by the Swiss Federal Supreme Court Federal, decision date 16 December 2019. The taxpayer was a Luxembourg company wholly owned by a UK company. The UK company transferred a number of shareholdings in Swiss companies to the taxpayer, ostensibly as security for a cash loan. Some of these transfers took place shortly before the record date for payment of dividends. In the event that a dividend was paid, the taxpayer was required to make a compensation payment of the same amount to the UK company. The taxpayer was then expected to transfer the shares back to the UK company at the expiry of the term of the loan. Under the terms of the Swiss-Luxembourg double taxation convention, such dividends could be taxed by either contracting state but the ability of the state of residence of the company paying the dividends to tax the dividends was limited if the entity receiving the dividends was the beneficial owner thereof. The Swiss tax authorities and the appeal court held that the taxpayer was not the beneficial owner of the shares. The taxpayer appealed to the Supreme Court, arguing, inter alia, that the appeal court had not taken into account the revised commentary on art 10 of the OECD model double taxation agreement. The appeal was dismissed
Citation source
In: International tax law reports. - London. - Vol. 22 (2020), part 4 ; p. 435-473
http://bibfra.me/vocab/relation/comm
nPLYxvD_CcE
http://library.link/vocab/creatorName
Malek, B
Geographic coverage
Europe
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • beneficial ownership
  • dividend withholding tax
  • tax treaty
  • good faith
  • equal treatment
  • OECD Model
Label
A._SÀRL v Federal Tax Administration (beneficial ownership) : Case 2C_209/2017
Instantiates
Publication
Label
A._SÀRL v Federal Tax Administration (beneficial ownership) : Case 2C_209/2017
Publication

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