The Resource Re US S Corporation's German withholding tax status : I R 48/12

Re US S Corporation's German withholding tax status : I R 48/12

Label
Re US S Corporation's German withholding tax status : I R 48/12
Title
Re US S Corporation's German withholding tax status : I R 48/12
Creator
Contributor
Subject
Language
eng
Summary
Judgment by the Bundesfinanzhof (BFH) (Federal Tax Court), judgment date 26 June 2013. The taxpayer was a US Company which had elected under US tax law to be an "S" Corporation, that is to say it would be fiscally-transparent and its income would be taxed in the hands of its shareholders, all of whom were resident in the US. The S Corporation owned 50 per cent of the shares in a German company. In 2008, the German company distributed a profit of over €1m but deducted withholding taxes of over 20 per cent. The taxpayer applied for a refund on the basis that as it owned over 10 per cent of the German company it was entitled to the reduced withholding tax under the German-US double taxation convention as amended in 2008. The German tax authority conceded that it was entitled to a partial refund. The taxpayer appealed unsuccessfully to the local tax court and then to the BFH. The judgment of the German Federal Fiscal Court is the first one dealing with the scope of art 1 para 7 of the German-US tax treaty
Citation source
In: International tax law reports. - London. - Vol. 16 (2014),
http://bibfra.me/vocab/relation/comm
-EFKkDunBqw
http://library.link/vocab/creatorName
Lüdicke, J. (Jürgen)
Geographic coverage
  • European Union
  • Europe
  • North America
Language note
  • German
  • English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • tax treaty
  • treaty interpretation
  • small business corporation
  • tax transparency
  • dividend withholding tax
  • beneficial ownership
  • residence
  • dividend
Label
Re US S Corporation's German withholding tax status : I R 48/12
Instantiates
Publication
Label
Re US S Corporation's German withholding tax status : I R 48/12
Publication

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