A AG v Federal Tax Administration : A-7299/2016

Resource Information

The work A AG v Federal Tax Administration : A-7299/2016 represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

A AG v Federal Tax Administration : A-7299/2016

Contributor

• Baker, P

Subject

• Savings Tax Agreement
• beneficial ownership
• case law
• dividend withholding tax
• refund
• tax treaty

Language

eng

Summary

Judgment by the Swiss Federal Administrative Court, judgment date 28 February 2018. This case discusses the meaning of beneficial ownership. In September 2007 the subsidiary company, resident in Switzerland, paid a dividend to its parent company in Ireland. On payment of the dividend withholding tax at the rate of 35% was payable. An application was made for repayment of the full amount of the withholding tax on the basis of the double taxation convention between Switzerland and Ireland and, more significantly, of the 2004 agreement between the Swiss Confederation and the European Community (the Savings Agreement) providing measures equivalent to those in the European Parent-Subsidiary Directive. It was a condition of the claim for repayment that the recipient of the dividend was its beneficial owner. The Federal Tax Administration objected to the refund claim on the basis that the parent company in Ireland was not the beneficial owner, and on the grounds of abuse of the agreement. The Federal Tribunal decided the case only on the grounds of beneficial ownership

Citation source

In: International tax law reports. - London. - Vol. 20 (2018), part 5 ; p. 625-657

Geographic coverage

• Europe
• European Union

Language note

• English
• German