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ECJ: Advocate General finds Belgian withholding tax on interest paid to companies resident in other Member States compatible with EC freedom of establishment – details

04 November 2008

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Approved Changes

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European Union- Belgium

As previously reported, on 18 September 2008, Advocate General (AG) Kokott of the European Court of Justice (ECJ) gave her opinion in the case of Etat belge - SPF Finances v. Truck Center SA (C-282/07). Details of the opinion are summarized below. (a) Facts and legal background. SA Wicker Finances (Wicker), a Luxembourg company, held a 48% participation in Truck Center SA (Truck Center), a company resident in Belgium. In 1992, Wicker advanced an interest-bearing loan to Truck Center; the receivables from that loan were subsequently assigned to two other Luxembourg companies. In 1994, 1995 and 1996, having accounted for...