France - Dividend Withholding Tax Levied on Investment Funds: Aberdeen and its Implications in France
- European Union,France
- Y. Robert; S. Lauratet; P. Tredaniel; A. Reillac
- European Taxation, 2009 (Volume 49), No 12
- 11 November 2009
In Aberdeen the ECJ found that it was a violation of the freedom of establishment to exempt dividends paid domestically from withholding tax, while charging withholding tax on similar dividends paid to a parent company (open-ended investment company) resident in another Member State. In this note the authors examine the decision and the opportunities it presents for investment funds to claim a withholding tax refund in association with investments in France.