23 June 2016 Danish court refers question of discriminatory withholding tax treatment of dividends distributed to foreign investment funds to CJEU The Danish Eastern National Court held on June 8, that it would refer a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling on whether the Danish rules on withholding tax on dividends to nonresident mutual investment funds are in breach with the European Union (EU) principles of free movement of capital (56 TEF/63 TFEU) and free movement of services (49 TEF/56 TFEU). Specifically, Danish collective investment funds may be eligible for zero withholding tax on dividends distributed from Danish companies, while nonresident collective investment funds are subject to a Danish withholding tax of 27%. Document ID: 2016-1098 |
