H&I 2009, 5.9
German Bundesfinanzhof decides that the free movement of capital with third countries may apply next to the freedom of establishment as a result of the nature of the domestic rule. Bundesfinanzhof (comments by Fortuin)
Bundesfinanzhof 26-11-2008, ECLI:NL:XX:2008:BI3506
- Instantie
Bundesfinanzhof
- Datum
26 november 2008
- Zaaknummer
I R 7/08
- LJN
BI3506
- JCDI
JCDI:ADS909161:1
- Vakgebied(en)
Belastingrecht algemeen (V)
- Brondocumenten
ECLI:NL:XX:2008:BI3506, Uitspraak, Bundesfinanzhof, 26‑11‑2008
Essentie
German Bundesfinanzhof decides that the free movement of capital with third countries may apply next to the freedom of establishment as a result of the nature of the domestic rule. Bundesfinanzhof (comments by Fortuin)
Samenvatting
A German GmbH, Interested Party, held 100% of the shares in a US company and 94.5% in Taiwanese company in 2001 and 2002. In these years, dividends were distributed by these subsidiaries to the GmbH, which were exempt from German corporate income tax and local business tax. However, 5% of these dividends, were considered to be non-deductible business expenses at the level of ... Verder lezen? Log in om dit document te bekijken.