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AG Opinion Issued on whether Belgian Rules Restricting Interest Deductions Violates Parent-Subsidiary Directive

02 May 2017

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Approved Changes

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Belgium-European Union

On 27 April 2017, an opinion was issued from Advocate General (AG) Kokott of the CJEU on whether the EU Parent-Subsidiary Directive conflicts with a Belgian rule according to which interest payments by a company are non-deductible to the extent that in the same tax year it receives exempted dividends from holdings that have been owned by the company for less than a year. The case involves Belgian-based credit institution Argenta Spaarbank, which in the financial years 1999 and 2000 (tax years 2000 and 2001) incurred interest expense and also received dividends from company shares that had been held for...