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European Commission requested Spain to end infringement to the EC Parent-Subsidiary Directive concerning the use of anti-abuse measures

13 August 2006

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Proposed Changes

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European Union-Spain

On 5 July 2006, the European Commission announced that it had sent a formal request to Spain to amend an anti-abuse rule dealing with cases in which a Spanish company pays a dividend to a company established in another EU Member State that is itself owned by a company resident in a third country, i.e. outside the European Union. The disputed Spanish anti-abuse provision (Art. 14.1.h of the Non-Residents Income Tax Act) states that the tax exemption on dividends will not apply " ... when the majority of the voting rights of the parent company is, directly or indirectly, held...