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Title
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ECJ rules on compatibility of Belgian participation exemption regime with EC parent-subsidiary directive
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Author
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Abstract
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| This contribution deals with two judgments the European Court of Justice (ECJ) recently has issued regarding the conformity of the Belgian participation exemption with the EC Parent-Subsidiary Directive. The case Belgian State v. Les Vergers du Vieux Tauves SA of 22 December 2008 clarifies the personal scope of application of the Directive. A usufructuary cannot be deemed to have a holding in the capital since from a civil law perspective it derives its right to receive profit distribution from its usufructuary rights and not from a holding in the capital. In the Belgische Staat v. NV Cobelfret case of 12 February 2009, the ECJ again rules that a Member State cannot apply unilateral conditions not provided for in the Directive. This case concerns the condition under Belgian domestic law according to which a parent company must have a positive taxable basis in order to benefit from the participation exemption. |
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Language
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English
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Source (journal)
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EC tax review. - Deventer, 1992, currens
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Publication
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Deventer
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2009
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ISSN
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0928-2750
[print]
1875-8363
[online]
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Volume/pages
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18
:4
(2009)
, p. 146-156
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