CJEU - Question Dividend Withholding Tax To Non-Dutch Investment Funds

The Official Journal of the European Union published two requests for preliminary rulings of the Court of Justice of the European Union (CJEU). The requests question rejection of investment funds established outside the Netherlands on the ground that it is not subject to an obligation to withhold Netherlands dividend tax.

Investment Funds Established Outside the Netherlands

The questions refer to the Article 56 EC (now Article 63 TFEU) addressing a refusal to refund dividend withholding tax to non-Dutch investment funds.

"Does Article 56 EC (now Article 63 TFEU) mean that an investment fund established outside the Netherlands cannot be refused, on the ground that it is not subject to an obligation to withhold Netherlands dividend tax, a refund of Netherlands dividend tax which was withheld on dividends which that investment fund received from corporate bodies established in the Netherlands, whereas such a refund is granted to a fiscal investment institution established in the Netherlands, which, subject to the withholding of Netherlands dividend tax, distributes the proceeds of its investments to its shareholders or participants on an annual basis?"

Further, the cases ask whether the Article 56 EC (now Article 63 TFEU) "mean that an investment fund established outside the Netherlands cannot be refused a refund of Netherlands dividend tax which was withheld on dividends which it received from corporate bodies established in the Netherlands on the ground that it has not proved satisfactorily that its shareholders or participants satisfy the conditions laid down in Netherlands legislation." To see the complete requests, see the source.

Source: Case C-157/17, Case C-156/17
 

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