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CJEU Issues Judgments on Anti-Abuse in Relation to Withholding Tax Benefits Under EU Directives

01 March 2019

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Approved Changes

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European Union-Denmark

The Court of Justice of the European Union (CJEU) has issued two related judgments concerning the denial of withholding tax benefits under the Parent-Subsidiary Directive (Joined Cases C 116/16 and C 117/16) and the Interest and Royalties Directive (Joined Cases C 115/16, C 118/16, C 119/16 and C 299/16) in cases where anti-abuse rules are not available under the domestic law of an EU Member State. The two judgments concern referrals from Danish courts involving multiple cases where complex company structures/transactions were used to take advantage of the EU Directives in respect of payments made by Danish companies to other...