author_orbitax
Orbitax

Share This Article

CJEU Finds that German Capital Income Tax Refund Conditions Violate EU Law

20 June 2022

|

Approved Changes

|

Germany-European Union

On 16 June 2022, the Court of Justice of the European Union (CJEU) issued its judgment on whether German refund (reimbursement) conditions for withholding tax on certain capital income violate EU Law. The case is summarized as follows as previously reported on the Advocate General (AG) opinion in the case. Introduction The request for a preliminary ruling from the Finanzgericht Köln (Finance Court, Cologne, Germany) concerns the compatibility, with the EU rules governing the free movement of capital, of the conditions under which German tax legislation permits non-resident companies to obtain the reimbursement of a withholding tax on income from...