Holding company

A company holding shares in other companies.

Abuse of law, Beneficial ownership, EU law, EU/EEA, Exemption, Holding company, Spain, Subsidiary, Withholding Taxes

(Partner Cuatrecasas Madrid) and (Tax Associate Cuatrecasas)/ /Leave a comment

In its judgment of January 21, 2020 (Santander case, available here), the European Court of Justice (ECJ) not only prevented the Spanish Central Tax Tribunal (Tribunal Económico-Administrativo Central – TEAC) from requesting a preliminary ruling due to its lack of juridical independence (para. 77), but it also recalled its obligation to ensure that EU law…

Direct or General Costs, EU/EEA, Holding company, Share Dealings, VAT

(Maastricht University, PwC Netherlands, ‘s-Gravenhage Court of First Instance)/ /Leave a comment

The VAT treatment of the issue, acquisition, holding and sale of shares has become a rather complicated affair over the last thirty years. The case law of the Court of Justice of the European Union (CJEU) on this topic is fundamentally ambiguous, causing serious legal uncertainty among businesses [1]. In its judgment in C&D Foods…