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International - The Effective Tax Burden Analysis after Société Générale, PMT and Brisal

Country:
International
Author:
B.M. van der Werf
Issue:
Derivatives & Financial Instruments, 2016 (Volume 18), No 4
Published:
24 October 2016
This article focuses on the rulings of the EU Court of Justice in the Société Générale, PMT and Brisal cases, concluding that a tax burden analysis between non-residents and comparable residents should take into account a broad scope of directly linked expenses as defined by the national courts, based on the expenses that are deductible for residents. A direct deduction of expenses from the withholding tax base would be in breach of the autonomy of Member States in tax matters.
 
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