Opinion statement ECJ-TF 2/2016 on the decision of the Court of Justice of the European Union of 13 July 2016 in Brisal and KBC Finance Ireland (Case C-18/15), on the admissibility of gross withholding tax of interest

Resource Information

The work Opinion statement ECJ-TF 2/2016 on the decision of the Court of Justice of the European Union of 13 July 2016 in Brisal and KBC Finance Ireland (Case C-18/15), on the admissibility of gross withholding tax of interest 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

Opinion statement ECJ-TF 2/2016 on the decision of the Court of Justice of the European Union of 13 July 2016 in Brisal and KBC Finance Ireland (Case C-18/15), on the admissibility of gross withholding tax of interest

Creator

• CFE ECJ Task Force

Subject

• ECJ case law
• interest
• withholding tax

Language

eng

Summary

This Opinion Statement of the CFE ECJ Task Force analyses the ECJ's decision in Brisal and KBC Finance Ireland (Case C-18/15) of 13 July 2016. Following a Portuguese reference for a preliminary ruling, the Court's decision provides further clarification on the permissibility of withholding taxation within the European Union. In relation to interest, the Court held that non-resident taxpayers may be subject to withholding taxes (even if comparable residents pursuing the same activity are not) but that non-residents may nevertheless not be taxed on gross income (when comparable residents are taxed on net profits) and are, therefore, entitled to deduct expenses directly connected to their business activity

Citation source

In: European taxation. - Amsterdam. - Vol. 57 (2017), no. 1 ; p. 30-34

Geographic coverage

• European Union
• Europe

Language note

English