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AG Opinion in the Sofina case (C-575/17)

On August 7, 2018, Advocate General (AG) Wathelet, of the Court of Justice of the European Union (CJEU) rendered his Opinion in the Sofina and Others case (C-575/17). The case concerned the compatibility with EU law of the French withholding tax levied on dividends paid by French companies to non-resident loss-making companies. The AG concluded that the French legislation is co ...

CJEU decision on the compatibility with State aid rules of the German “Sanierungsklausel” on the carry forward of tax losses by ailing companies

On June 28, 2018, the Court of Justice of the European Union (CJEU) rendered its decision in the Heitkamp Bauholding case (C-203/16) regarding the compatibility with EU State aid rules of German legislation, which under certain conditions allows a company in financial difficulties to carry forward tax losses despite changes in its shareholder structure (so-called “reorganizatio ...

New Policy on VAT penalties

Minister of Finance Van Overtveldt announced end of June that he instructed his administration to work out a new VAT penalty policy. The current VAT penalty policy indeed imposed very high penalties and did not take into account the nature of the infractions and the good faith of the taxpayer. A new VAT penalty policy has now been published on July 30th 2018.