We prepared the ''Overview of EU Member States and Switzerland'', which gives you a comprehensive overview of the current state of play on the interpretation and application of the EU Parent Subsidiary Directive general anti-abuse rule (Directive 2015/121/EU) in the EU member states and how Switzerland deals with it.
As you may have noticed, it has now been approximately five
years since the EU Parent Subsidiary Directive general anti-abuse
rule (Directive 2015/121/EU (PSD GAAR)) was
included in the EU Parent Subsidiary Directive (Directive
2011/96/EU). Since then legislative developments have occurred and
some countries have developed internal guidance, administrative
practice or case-law concerning the interpretation. Furthermore,
the European Court of Justice (ECJ) has taken
ground-breaking decisions in the past few years that impact the
interpretation and application of the PSD GAAR; in particular, the
ECJ judgments in Eqiom, Juhler Holding and Deister
Holding cases, and the Danish
cases.
Additionally, these tax developments are also of importance for the
principal purpose test (PPT) which is included in
many tax treaties via the Multilateral Convention to Implement Tax
Treaty Related Measures to Prevent Base Erosion and Profit Shifting
(MLI). It may be expected that countries would
follow a similar interpretation for both the PPT and the PSD
GAAR.
In this context we prepared the ''Overview of EU Member States and Switzerland'', which gives you a comprehensive overview of the current state of play on the interpretation and application of the PSD GAAR in the EU member states and how Switzerland deals with it.
Read and download the overview
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.