25 June 2018 CJEU rules nonresident UCITS entitled to exemption from Danish dividend withholding tax The Court of Justice of the European Union (CJEU) decided case C-480/16, Fidelity Funds, on June 21, and held that Danish tax law was incompatible with the free movement of capital in Article 63 of the Treaty on the Functioning of the EU (TFEU). The CJEU concluded that nonresident undertakings for collective investment in transferrable securities (UCITS) were not granted exemption from dividend withholding tax (WHT) on portfolio shares in Danish companies. Document ID: 2018-1292 |
