The new edition of the EU Tax Alert is available. With this publication we would like to keep you informed about the latest developments on EU tax law. We have summarized the highlights of this edition below.
EU Council adopts DAC9 to facilitate the filing and exchange of Pillar Two-related information in the EU
On 14 April 2025, the Economic and Financial Affairs Council (ECOFIN) formally adopted the proposed amendment to the Directive on Administrative Cooperation to facilitate the filing and exchange of Pillar Two-related information in the EU (DAC9).
CJ judgment on the application of the GAAR under the PSD to national participation exemptions
(Nordcurrent group, C-228/24)
On 3 April 2025, the CJ delivered its judgment in the case
Nordcurrent Group (C-228/24), which deals with the
question of whether national participation exemptions can be denied
under the General Anti-Avoidance Rule of Article 1(2) and (3) of
the Parent- Subsidiary Directive (GAAR PSD), in the case of
abuse.
CJ judgment on whether the denial of tax refunds to non-resident investment funds is compatible with the free movement of capital
(Austria v. Franklin Mutual Series Funds –Franklin
Mutual European Fund, C-602/23)
On 30 April 2025, the CJ delivered its judgment in the case
Austria v. Franklin Mutual Series Funds – Franklin Mutual
European Fund, (C-602/23). The case deals with the question of
whether the denial of tax refunds to non-resident investment funds
that are comparable to EU-regulated funds is compatible with the
free movement of capital.
CJ judgment on the circumstances in which tax exemptions may be prohibited by EU law
(Prezydent Miasta Mielca, C-453/23)
On 29 April 2025, the CJ delivered its judgment in the case
Prezydent Miasta Mielca (C-453/23) where it specified the
circumstances in which tax exemptions may be prohibited by State
Aid rules under EU law.
CJ rules that Maltese investor citizenship scheme is contrary to EU law
(Commission v Malta, C-181/23)
On 29 April 2025, the CJ delivered its judgment in the case
Commission v Malta (C-181/23), which deals with the
question of whether the Maltese investor citizenship scheme is in
line with EU law. The Court found the Maltese investor citizenship
scheme to constitute a breach of the principle of sincere
cooperation under EU law, based on the understanding that the
acquisition of Union citizenship cannot result from a commercial
transaction.
AG de la Tour's Opinion regarding VAT treatment of transfer pricing adjustments for intra-group services
(Arcomet Towercranes, C 726/23)
On 3 April 2025, the Opinion of AG de la Tour was published in the
case Arcomet Towercranes (C‑726/23), which deals
with the question of whether transfer pricing (TP) adjustments
contractually agreed within the framework of intercompany services
can be within the scope of VAT as a consideration for a supply of
services.
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