German Trade Tax Exemption for Third-Country Dividends Breaches EU Law

Journal
Baltromejus, M.
Germany
European Taxation 2019 (Volume 59), No. 6
FormatPDF
EUR
40
| USD
45
(VAT excl.)

In this note, the author discusses the ECJ’s decision in EV v. Finanzamt Lippstadt (Case C-685/16), wherein the Court concluded that German provisions that result in a different tax treatment of dividends received from subsidiaries resident in non-EU countries in comparison to EU Member States are in breach of the free movement of capital.