The Central Administrative Tribunal (i.e., administrative body) has recently published a ruling in which it applies the doctrine from the ECJ in the Danish cases to a Spanish case denying the withholding tax exemption on dividend payments to EU parent companies.
For more information, please see enclosed PwC’s EU Direct Tax Group (EUDTG)’s Newsalert on: the Spanish Central Administrative Tribunal‘s decision to apply the CJEU’s Danish cases to deny the withholding tax exemption on dividends.
Notwithstanding the fact that there is currently no view on whether Spanish courts and tribunals will admit and apply the approach from the tax authorities including the Central Administrative Tribunal, this could be the right moment for non-resident investors holding participations in Spanish companies and receiving dividends to revisit their corresponding investment structures. Click here for further information
For more insights and support, contact your local PwC advisor or Pieter Deré / Jean-Philippe Van West.