author_orbitax
Orbitax

Share This Article

Dutch Supreme Court Issues Decision on whether Dividends Withholding Tax Results in a Restriction on the Free Movement of Capital

08 March 2016

|

Approved Changes

|

Netherlands-Belgium-France

On 4 March 2016, the Dutch Supreme Court issued its final decision concerning withholding tax on dividends paid to two Belgian individuals and to a French company. The cases involved whether the Netherland's withholding tax on dividends paid resulted in a restriction on the free movement of capital and whether refunds are due. The claimants' argument is based primarily on the withholding tax being deductible for Dutch residents but a final tax for non-residents. The cases were initially referred to the Court of Justice of the European Union (CJEU) in 2013. In the preliminary ruling provided in September 2015, the...