The Resource The elimination of double taxation of dividends in the EU : Cobelfret means the end of Belgium's final taxation

The elimination of double taxation of dividends in the EU : Cobelfret means the end of Belgium's final taxation

Label
The elimination of double taxation of dividends in the EU : Cobelfret means the end of Belgium's final taxation
Title
The elimination of double taxation of dividends in the EU : Cobelfret means the end of Belgium's final taxation
Creator
Subject
Language
eng
Summary
With a view to avoid double taxation of dividends, the Belgian 'definitively taxed income' rules allow parent companies to deduct the dividends received from their subsidiaries resident in another Member State but only up to the amount of their taxable profits in the same taxable period, which potentially limits the deductibility of the dividends received. In the Belgium v. Cobelfret NV case, the European Court of Justice (ECJ) decided that, by imposing such a limit, Belgium has not correctly transposed the terms and objectives of the Parent-Subsidiary Directive. After a general introduction on the question of double taxation of dividends, a short summary of the Cobelfret case and of the ECJ decision, this article offers a commentary, first, on the possible impact of this decision in Belgium and, second, on the coherence of existing ECJ case law on cross-border dividends with the objectives of the Parent-Subsidiary Directive
Citation source
In: Intertax. - Alphen aan den Rijn. - Vol. 37 (2009),
http://library.link/vocab/creatorName
  • Lamensch, M
  • Thiel, S. van
Geographic coverage
  • European Union
  • Europe
Language note
English
http://library.link/vocab/subjectName
  • ECJ case law
  • double taxation
  • dividend
  • Parent-Subsidiary Directive
Label
The elimination of double taxation of dividends in the EU : Cobelfret means the end of Belgium's final taxation
Instantiates
Publication
Label
The elimination of double taxation of dividends in the EU : Cobelfret means the end of Belgium's final taxation
Publication

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.37366609999999 4.9336932
Processing Feedback ...